City Council - 12/20/1983 APPROVED MINUTES
( EDEN PRAIRIE CITY COUNCIL
1.
TUESDAY, DECEMBER 20, 1983 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George
Bentley, Paul Redpath, and George Tangen
COUNCIL STAFF: City Manager Carl J. Ju71ie, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning i
Director Chris Enger, Director of Community Servi cesl
Robert Lambert, Director of Public Works Eugene A. #'
Dietz, City Forester Stu Fox, and Recording Secre-
tary Karen Michael
INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
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ROLL CALL: all members were present
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: VII . E. 4. Report of Planning
Team on Special Meeting held December 13, 1983 and VIII . A. Discussion of
Settl er+ent Terms with Utility Contractor.
MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other
Items of Business as amended and published. Motion carried unanimously.
II. MINUTES
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A. Minutes of the City Council e_ l meting_held Tuesday, November 15, _1983
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page 5, last line: change "is" to "if"
page 7, line 2: change "where with all " to "wherewithal "
MOTION: Bentley moved, seconded by Redpath, to approve the Minutes
of the City Council Meeting held Tuesday, November 15, 1983, as
corrected. Motion carried unanimously.
B. Minutes_ of the ,City_ Council meeting held Friday!, December 9, 1983
MOTION: Redpath moved, seconded by Anderson, to approve the Minutes
of the Special City Council meeting held on Friday, December 9, 1983,
as published. Motion carried with Bentley and Tangen abstaining.
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Citv Council Minutes -2- December 20, 1983
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III . CONSENT CALENDAR
A. Change Order No. 1, Shades Oak Road Utilities , I .C. 52-049
i B. Chance Order/Contract Amendment No. 1 , Edenvale Boulevard, I .C. 51-356
C. Final Plat approval for Autumn Ridge (formerl Bluffs Ridge), (southeast
quadrant of Franlo Road and Pioneer Trail Resolution No. 83-301�
D. Final Plat approval for Eden Prairie Center, 4th Addition_(Tar�et)
(Resolution No. 83-302 -
E. Op_t__Out -=__Su_pporti nq Opt Out Application_t_o the Minnesota Department of
Transportation TResol ution No. 83-297_ - Y --�---_
F. CDBG Housiria Rehabilitation Grant Program - Resolution to forego Administra-
tion of Eden Prairie' s CDBG Housing Rehab Program by Hennepin County
(Resolution No. 83-296, Resolution No. 83-295 - Transfer of CDBG Funds
from Assisted Housing Construction to Rehabilitation of Private Property)
G. Final approval of Municipal Industrial Development Bonds in the amount
ofG81 ,600.00 for _L�ke Project _Montessori. School �Resolution No. T83-303)
H. Final approval of Municipal Industrial Development Bonds in the amount_ of
0,000.00 for E A. Sweep C--( apX_�-Resa1 ut�on No. 83-307)T� -
I . Final approval of Municipal Industrial Development _Bonds in the ar��ount
of 51 600 . _
000.00 for Tri -Gor �Resolution No. 83-30$
J. Final approval of Munici al Industrial Development Bonds in the amount of
$1,200,000.00 for S & S Land Resolution No . 83-309)
MOTION: Tangen moved, seconded by Anderson, to approve items A - J on the
Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. HUSTAD DEVELOPMENT CORPORATION & EDEN PRAIRIE HOTEL COMPANY. Request
for rezoning from C-Regional to C-Regional Service of approximately
31i acres for a hotel . Location: southeast quadrant of Highway 5/US
169 and 1-494. (Ordinance No. 57-83)
City Manager Jullie stated notice for this Public Hearing had been
published and property owners within the project vicinity had been
notified.
Wally Hustad, developer, addressed the proposal and introduced Ken
Nelson, partner and owner of the project. Nelson described the
residence hotel concept and further explained the project.
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City Council Minutes -3- December 20, 1983
Director of Planning Enger noted this had been reviewed by the
Planning Commission at its December 12, 1983, meeting at which time
the Commission voted to recommend approval by a vote of 4 - 1. He
said the request was out of the ordinary for normal processing in
Eden Prairie; none of the application material (supporting materials)
was available when the item was published. Enaer said this was
approached from the standpoint of trying to accomplish the rezoning
while preserving the City' s authority for site plan review. He
suggested the Developer' s Agreement be drafted -- this would tie the
developer and the underlying property owner into a site plan review
process. He said modifications have been made in the building setbacks .
Director of Community Services Lambert said the Parks , Recreation &
Natural Resources Commission had not reviewed the proposal .
Bentley had a question regarding the procedure used by the Planning
Corrn:rission (Planning Commission Chairman Bearman had cast the dissenting
vote because he did not approve of the procedure used. ) Enger said
the Planning Commission did not have the amount of information which
was available to the City Council ; there was not a comprehensive set
of plans available to the Commission. Enger noted that Bearman had
thought the proposal to be a good one; but the vote in opposition
was due to the procedure used. Bentley asked if this had been legally
published. City Attorney Pauly said the publication notice had been
for an area larger than what is shown on the survey which was received
this evening; this is legal . Enger said the City now has both a legal
description of the property and a certificate of survey.
- Bentley asked if this site was large enough fcr the proposal . Enger
said he felt it was -- maybe not for 128 units, but he felt the basic
concept would work although the floor area ratio might have to be
reviewed.
Bentley asked if the highway system would be adequate to handle the
additional volume. Enger said he felt it would based on traffic surveys f
which had been done by the City' s consultants. Ta ngen asked about the
risk to the City of rezoning this parcel from C-Regional to C-Regional
Service. Enger said he felt there would be little hazard to the City
since control was retained via the Developer's Agreement.
Redpath said this was an excellent location for a hotel or motel as it
would be visible from I-494, TH 169/212 and TH 5.
Penzel asked if there would be problems in screening the site. Enger
said he felt the site could be graded in such a way as to be effective
and create a good relationship with the parking. Penzel further inquired
about the parking areas. Enger explained the possibilities for providing
more setbacks in parking areas as well as screening which might be used.
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City Council Minutes -4 December 20, 1983
Penzel asked if an evaluation had been done as to the location of the
intersection. Enger stated he had assumed that this was the only place
access could occur because of the media cut at Media Lane -- therefore
access was planned for that point.
Penzel asked if there was a possibility of converting these units into
condominiums at some time. Enger said he thought that was not much of
a possibility since no garages were provided, not enough parking is
provided and things were generally "tight. " He said he did not think
it would be a good condominium project.
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Penzel asked how much equity the owners would have in the project.
Nelson said the project will cost $7 million of which $6 million is
to be borrowed. The project will be worth about $9 or $9z million
upon completion.
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Bentley asked if there was a proposed date for the Sheraton ground-
breaking. Enger said he had last heard March 1984. Bentley said he
did not think these two proposals would be incompatible -- they would
serve different clients and he hoped that one would not preclude the
other. Nelson said he felt they would be business generators rather
than in direct competition; they would compliment each other.
Penzel said he felt the process the City was using with this proposal
would limit the controls the City would have on the development. Enger
said he had discussed this with the proponent as to what they would be
willing to sign in a Development Agreement; the City expects to word the
Agreement in such a way that this will come back through the normal process
and whatever, in the City' s discretion, was felt necessary, they would
be compelled to do. The developer indicated they would be comfortable
with that.
Penzel asked when the proponent felt they would break ground for this
project. Nelson said it would be done as soon as possible -- as soon
as the site was ready in the Spring with at least a partial opening in
December.
Bentley said he felt this was really needed in the Major Center Area.
He said he did feel the method was a bit unusual but this falls into
the category of "extraordinary times call for extraordinary means. "
He said he hoped the plat would conform to what the Council had looked
at this evening. Enger said the city does have controls over the sub-
division process . He indicated this is another tool the City has as
a control in this process .
MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing
and to give 1st Reading to Ordinance No. 57-83. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare
a Developer' s Agreement taking into consideration the recommendations
included in the Staff Report of December 9, 1983 , discussion by the
Planning Commission and recommendations by the City Council . Motion
carried unanimously.
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City Council Minutes -5- December 20, 1983
B. CRESCENT RIDGE BY D_.C. C_._ DEVELOPMENT. Request for Comprehensive Guide
Plan Amendment from Industrial to Medium Density Residential ; Planned
Unit Development Concept for industrial , open space, and mixed residen-
tial uses on 152.4 acres; Planned Unit Development District Review and
Zoning for 20 acres from Industrial General and Rural to RM-6. 5, with
variances , and 26.6 acres from Rural and R1-22 to R,-13.5; Preliminary
Plat of 27.5 acres for large lot residential and 20 acres for multiple
residential . Location: north of Highway 5 at the western boundary
of the City of Eden Prairie. (Resolution No. 83-304 - Comprehensive
Guide Plan Amendment, Resolution No. 83-305 - PUD Concept Plan, Ordi-
nance No. 58-83 - PUD District and Zoning, and Resolution No. 83-306 -
preliminary plat)
City Manager Jullie indicated notice for this Public Hearing had been
published and property owners within the project vicinity had been
notified.
John Bossardt, Bossardt-Christenson Corporation, representing the
proponent , addressed the proposal.
Director of Planning Enger said the Planning Commission had reviewed
a proposal which was first submitted with 396 units requesting a Com-
prehensive Guide Plan change over the entire 552 acres. The Planning
Commission had concerns about the lack of transition between the single
family area to the east and what was proposed. The Planning Commission,
at that meeting, recommended denial of the Comprehensive Guide Plan
change. The proponents then began working with Planning Staff and neigh-
borhood residents out of which evolved the proposal as presented this
evening. On October 24, 1983, the Planning Commission recommended approval
of the Comprehensive Guide Change of apprcximately 20 acres on the western
side of the property from Industrial to Medium Density Residential and
approval of the PUD Concept request. At the November 14, 1983, meeting
of the Planning Commission the remaining requests were recommended for
approval subject to the recommendations included in the October 21, 1983,
Staff Report.
Director of Community Services Lambert noted the Parks , Recreation & Natural
Resources Commission had reviewed this proposal at its November 7 , 1983,
meeting at which time it voted to recommend approval subject to the
recommendations included in the Planning Staff Report and the Supplementary
Staff Report by the CorTlmunity Services Department dated October 27, 1983.
Redpath asked what was proposed for the pond areas . Enger said there will
be a road through that portion and also some single family homes. He
pointed out that these are "shallow water retention areas" which can be
drained and do not necessarily have poor soils but would require a little
bit of fill . Bentley related the experience of homeowners in Bloomington
where similar situations have created problems with flooding of basements.
Director of Public Works Dietz said the developer could be required to
provide soil borings which would then determine the feasibility of building
homes in certain areas
City Council Minutes -6- December 20, 1983
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Len Olson, civil engineer representing the developer, was available
to answer questions. He said they are concerned with making certain
there are no problems stemming from the placement of homes relative to
the ponds and ground water problems which might result.
Anderson asked if this is water which usually goes into Mitchell Lake.
Dietz said it is surface water and not ground water and therefore does
affect Mitchell Lake. Anderson asked if there was any value to the City
in protecting the marsh. Lambert said it is shown in the park and open
space plan, but it does not have any potential for development. He noted
that the trail system is of value, but not the marsh itself. Anderson
asked if the trail along Mitchell Lake would be connected to this trail .
Lambert said that was not planned at this time; a connection is planned
at Dell Road.
Bentley stated a large part of this marsh area is covered with a purple
weeJ and he wondered if the City was prepared to remove this. He said
this weed is becoming a problem throughout the State.
Bentley inquired as to historical sites which might be found in this area.
Enger said these are generally found around a permanent body of water
and this area did not quite fit the profile. The proponent said Archeological
Field Services, Inc. had recently completed an archeological inventory of
this area and had "released" the property.
Bentley asked if any provisions had been made for temporary access for
construction traffic to the site. Enger said the proponent would like
to be able to have access via Valley View Road as was provided for the
Apple Groves oroject. Dietz said the knock-down barriers used are not
very effective and he would like to see their use el inni nated. He also
said that the proponent had been told once work begins on their phase 2
then construction of Dell Road will begin. Penzel asked if the City
should be talking to the railroad regarding the crossing at Dell Road.
Dietz said this will done in the near future once there are final plans.
Penzel asked what the time frame is for phase 1. Bossardt said the
market studies indicate it will take 30 months to sell out phase 1.
John Wicks , 200 blest Lake, Excelsior, said the jogging path would act
as a dike and this should be further examined. He also said he was against
• filling in the small wetlands.
Lambert said the dike effect filters the phosphates out but the water
is still able to get to the marsh area. Penzel said this should be
looked at from a soil borings standpoint. He indicated perhaps a pro-
vision could be made in the Developer' s Agreement whereby approval of
building permits would hinge on the soil conditions .
City Council Minutes -7- December 20, 1983
MOTION: Redpath moved, seconded by Bentlev, to close the Public Hearing
and to adopt Resolution No. 83-304, amendinn the Comprehensive Municipal
Plan. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No.
83-305, approving the development of Planned Unit Development concept
of Crescent Ridge for DCC Development. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to give 1st Reading to
Ordinance No. 58-83. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No .
83-306, approving the preliminary plat of Crescent Ridge for DCC Devel-
opment; and directing Staff to prepare the Developer's Agreement taking
into consideration the recommendations included in the Staff Reports ,
the recommendations of the Planning Commission and the Parks, Recreation i
& Natural Resources Commission and including the protection of the
marsh areas , the use of scenic easements if and when necessary, and the
deletion of knock-down barriers on access roads to the property. Motion
carried unanimously.
Tangen said he had concerns about the use of concrete knock-down barriers
as a ricans of traffic control . He requested Staff be directed to look
into this as the matter should be addressed as soon as possible.
C. PUBLIC HEARING FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY
ti on(Reso1u No. 83-298�_� '
` City Manager Jullie stated notice of this Public Hearing had- been published
and property owners had been notified.
City Forester Fox reviewed his memorandum of December 15, 1983, and noted
those property owners who had since made arrangements to have their trees
removed_
There was discussion on the philosophy of the diseased tree program.
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There were no comments from the audience.
MOTION: Tangen moved, seconded by Anderson , to adopt Resolution No.
• 83-298, ordering a public improvement for the removal of diseased elm
• trees . Notion carried unanimously.
(Letters relating to this matter are attached to these Minutes -
letters are from Ken Geason and Tom Carmody. )
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City Council Minutes -$- December 20, 1983
D. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF
46-5,000.00 F0 KINdCFR CARE LEARNING CENTERS, INC, Resolution No.
City Manager Jullie said notice of this Public Hearing had been published
and property owners had been informed of the Hearing.
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Richard Nordlund, representing Kinder Care Learning Center, was present r
to answer questions. He stated that 100% of the building will be financed,
There were no comments from the audience.
MOTION: Redpath moved , seconded by Anderson, to close the Public Hearing
and to adopt Resolution No. 83-299, reciting a proposal for a commercial
facilities development project giving preliminary approval to the project
pursuant to the Minnesota Municipal Industrial Development Act authorizing
the submission of an application for approval of said project to the
Energy, Planning and Development Authority of the State of Minnesota and
authorizing the preparation of necessary documents and materials in connec-
tion with said project (Kinder-Care Learning Centers , Inc. Project. )
Motion carried unanimously.
• V. PAYMENT OF CLAIMS NOS. 11054 - 11298
140TION: Tangen moved, seconded by Redpath , to approve the Payment of
Claims Nos . 11054 - 11298. Roll call vote: Anderson, Bentley, Redpath,
Tangen and Penzel voted "aye. " Motion carried unanimously.
t . VI . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A Reports of Council Members
Redpath - reported on the recent meeting of the MCA Preserve Area "G"
Committee. A proposal for a Burger King at the intersection of Prairie
Center Drive and TH 169 had been reviewed and approved by the Committee.
• B . Report of City_ Attorney
There was no report.
C . Report of Si ty Manager
City Manager Jullie gave an update as to what had transpired with
Richard Miller and his special assessment payrient,
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City Council Minutes -9- December 20 , 1983
D. Repor_t of Director of -Public Works
There was no report.
E. Report of Director of Communi t Services
1 _ Request to draft Bryant Lake Surface Management Ordinance
Director of Community Services Lambert called attention to his
memorandum of December 15, 1983, in which the proposal for a Surface
Management Ordinance for Bryant Lake was discussed.
Greg Mack was present on behalf of the Hennepin County Park Reserve.
District. Mack noted the limits on the number of boats using the lake
was not a problem, controlling the speed of the boats is the issue.
Tangen asked what type of limits would be imposed -- type of boat,
number of trailers allowed , etc. Mack said the number of spaces for
boat trailers would be limited. He said the concern with that is it
won' t get at the issue.
Phil Parsons , 6861 Beach Road , said he has never seen more than 5 - 10
boats belonging to lake property owners on the Lake at one time. He
said the areatest number of run-abouts come in through the park. He
urged the Council to support the recommendation of the Parks, Recreation
& Natural Resources Commission and not the recommendation proposed by
Staff of the Community Services Department.
Al Harrison, 6941 Beach Road, said safety is a paramount issue.
He said anything which is enforceable is ok, He said he did not
know which is the preferred alternative; he would object to having
portions of the Lake buoyed off.
Mark Omlies , 6661 Beach Road (acting as spokesman for the residents
of 6641 and 6681 Beach Road also) , said he is opposed to buoying off
the south end of the Lake. He said he is not opposed to speed limits;
he would like a "quiet" time on the Lake. He said he would like to
see the City have an ordinance v:hich would require a spotter in all
boats pulling water skiers. Discussion as to what is required by
State law determined that either a mirror or spotter is required.
Anderson said the number of boats on the Lake depends on the type
of boat. He said he would be opposed to specifying the limit as 20.
Penzel asked how this ordinance would be enforced. Lambert said
enforcement would be largely left to the County. The County has said
it would not be able to have the Sheriff' s Water Patrol on Bryant Lake
very often -- they would attempt to spend the majority of the time
allowed there early on so people would be aware of the new regulations.
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City Council Minutes -10- December 20, 1983
Lambert indicated the Eden Prairie Public Safety Department could
be called in to help; the best method would be for "self-policing. "
City Attorney Pauly indicated this would be a correct analysis of
the situation.
Tangen said he would abstain from voting on this issue because he
is a property owner on Bryant Lake. He said he has lived there for
14 years and has seen a great number of changes during that time.
There are more sailboats now in use, particularly by landowners,
and fewer power boat owners/users. He said he supports a control
of boat trailers allowed in the Park. He indicated he has diffi-
culty with buoying off the ends of the Lake; this. is not necessary
if the number of boats is controlled. He said he would favor a
"quiet" day with no motor boats allowed; he would like this time
to be from 12 noon to 6 p.m. on Sundays.
Parsons said he supported Tangen' s position.
Anderson said he uses the Lake for water skiing. He would like to
see recommendations from the DNR regarding suggested uses .
Lambert said the Community Services Staff would not support buoys,
would concur with the 20-boat limit, and would recommend checking
with the Commissioner of the DNR regarding the Sunday regulations.
MOTION: Bentley moved, seconded by Redpath, to authorize Staff to '
prepare a draft ordinance that would limit the number of boats allowed
in the Park to 20, would preclude speeds of 15 miles per hour between
�.. the hours of noon and 6 p.m. on Sundays from Memorial Day to Labor Day,
and that an effort be made to educate those who use the Park as well
as homeowners as to the new regulations. Motion carried with Tangen
abstaining.
2. Camp_Indian Chief Lease
Director of Community 'Services Lambert called attention to his
memorandum of December 2, 1983, in which the terms of the lease
were discussed.
City Attorney Pauly recommended the Council indicate this as surplus
• property as a part of the motion.
MOTION: Redpath moved, seconded by Anderson, to approve the lease
agreement with the Association for Retarded Citizens of Hennepin
County as per Lambert' s memorandum of December 2, 1983, and that this
property is found to be surplus property which is not necessary for
use by the City for the duration of the lease. Motion carried
unanimously,
City Council Minutes -11- December 20, 1983
3. National Wildlife Refuge/Recreation Area Comprehensive Plan f
Director of Community Services Lambert spoke to his memorandum
dated December 9, 1983, in which this issue was addressed.
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MOTION: Anderson moved, seconded by Bentley, to support the a
Comprehesive Plan for the bluffs and floodplain of the Minnesota
Valley National Wildlife Refuge/Recreation Area as per Lambert' s
memo of December 9, 1983, and request that the snowmobile trail
be continued for as long as Eden Prairie allows snowmobiling
and with the recommendation that the area in Eden Prairie should
be included in tyre acquisition area. Motion carried unanimously.
4. Report__of P1 anni nc_ Team on Speci a1 Meeti n held December 13, 1983
Director of Community Services Lambert reviewed the report which
had been prepared by the Planning Team following the Special
Meeting which was held on December 13, 1983.
Bentley indicated he had a problem with the process used that
evening whereby data was gathered during the time the group was
divided into four smaller groups. Lambert said the reason for the
` special meeting was so there could be input by those attending the
meeting -- it was determined in those meetings that no one is basically
opposed to the concept plan. Tangen said he concurred with Bentley ' s
assessment of the process . ,
MOTION: Bentley moved , seconded by Redpath, to instruct the planning
.. consultant to proceed with the plan according to the December 16 , 1983,
report. Motion carried unanimously.
F. Report of Finance_ Director
1 . Clerk ' s License List
City Attorney Pauly called attention to a letter dated December 13, 1983,
from Michael J. Adams , attorney, on behalf of Olympic Hills Corporation
in which a "club" liquor license was requested.
Ted Parkin, 9419 Clubhouse Road, Manager of Olympic Hills Golf Club,
• addressed the request. He asked what would be required to have the
Club qualify for a fraternal club license. It was determined it would
be incumbent upon the licensee to provide substantiating information.
Staff was requested to prepare a recommendation on this so an amendment
to the Fee Resolution can be adopted should one be necessary.
City Attorney Pauly noted there are delinquent taxes on the Chester' s
property. Perkins , Manager of Chester' s , stated the coporation which
owns Chester' s has filed for Chapter 11. He said taxes are given
priority by the Court under Chapter 11 .
City Council Minutes -12- December 20, 1983
It was determined further information was necessary in the way
of a more definitive answer regarding the encumbrances on the
property , etc. }
MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the
11 : 30 p.m. dealine. Motion carried unanimously.
MOTION: Tangen moved , seconded by Redpath, to instruct Staff to
investigate alternatives available. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to grant a kennel
license to Allan Nash with. the following conditions : 1) that
the kennel be moved to the other side of the house, 2) that the i
dogs be kept inside the house between the hours of 10 p.m. and
7 a.m. , and 3) that should these conditions not be met the license
for a kennel would be revoked. Motion carried unanimously.
MOTION: Anderson moved, seconded by Redpath, to defer action on
the two liquor license applications , to authorize the kernel license
subject to the conditions noted, and to adopt the remainder of the
w Clerk' s License List as published. Motion carried unanimously.
VIII . NEW BUSINESS
A. Discussion of Settlement Terms with Utility Contractor
Director of Public Works Dietz reviewed the settlement terms in the
lawsuit against Brown and Cris.
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MOTION: Redpath moved, seconded by Bentley, to allow the Mayor and `
City Manager to settle the lawsuit against Brown and Cris out of court
subject to the terms as outlined by Director of Public Works Dietz.
Motion carried unanimously.
IX. ADJOURNMENT
MOTION: Tangen moved , seconded by Penzel , to adjourn the meeting at 12:05
a.m. Motion carried unanimously.
*(Letters a-e attached to these Minutes from Mr. and Mrs. Melvin Rickin
and Steve and Darla Yerkes relating to the Nash Kennel License. )