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12/17/2002 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 17, 2002 A Listening Session was held on December 17, 2002 prior to the regular City Council meeting. There were no citizens who wished to speak. A regular meeting of the Eagan City Council was held on Tuesday, December 17, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Engineer Russ Matthys, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Item I, Public Hearings, regarding the Gift of Mary ? Street and Utility Improvements, was moved to be the first public hearing, and item Y of the Consent Agenda, regarding the Final Planned Development, Gift of Mary, was continued until later in the meeting to be considered at the time of the public hearing. Councilmember Tilley asked that item K, Consent Agenda, regarding 3820 Alder Lane, be pulled for discussion. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS SAM?S CLUB ? SAFE NEIGHBORHOOD HEROES PROGRAM Keith Hinderman, representing Sam?s Club, made a presentation regarding the Safe Neighborhood Heroes Grant. EAGAN CITIZEN?S CRIME PREVENTION ASSOCIATION Chief of Police Therkelsen discussed the Citizen?s Crime Prevention Association. Gary Fuchs of the Association made a presentation and donation to the City. LEXINGTON AVENUE ? CONSTRUCTION EXCELLENCE AWARD City Administrator Hedges discussed the Construction Excellence Award presented by the Minnesota Department of Transportation for the reconstruction of Lexington Avenue. MAYOR AWADA AND COUNCILMEMBER BAKKEN ? SERVICE AWARDS Councilmember Fields presented Mayor Awada and Paul Bakken with service awards for their service to the City. Mayor Awada served the City as a Councilmember from 1992-1998 and Mayor for the past four years (1999-2002). Councilmember Bakken served as an Eagan City Councilmember from 1999-2002. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the December 2, 2002 regular City Council meeting, the December 2, 2002 Listening Session, the December 10, 2002 special City Council meeting and the December 10, 2002 special City Council retreat as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Police Officer Thomas Fadden. Eagan City Council Meeting Minutes December 17, 2002 Page 2 2. It was recommended to approve the hiring of David Letourneau and James Proshek as Police Officers. 3. It was recommended to approve the hiring of Desiree Carlson as a Police Officer contingent upon successful completion of the psychological, medical, physical and drug testing exams. 4. It was recommended to approve the hiring of Troy Ruby as the dispatch supervisor in the Police Department. 5. It was recommended to approve the following: a. For regular non-collective bargaining employees, a compensation rate increase of 3.5% across the board effective the payroll period closest to January 1, 2003. b. With the exception of election judge rates, compensation rates for temporary, non- collective bargaining employees will be increased by up to 3.5%. c. Car expense allowances for the City Administrator and Department Heads will be increased by 3.5%. d. Mileage will be set at the IRS amount (the 2003 amount is 36 cents a mile). If the IRS increases or decreases this amount, the City?s amount will automatically adjust to the new IRS rate. 6. It was recommended to approve salary range adjustments for the positions of Director of Administrative Services, Police Chief, Director of Public Works, Director of Parks and Recreation, City Engineer, Senior Planner, Assistant City Engineer, Maintenance Supervisor, Arena Manager, Building Inspectors, Engineer Technician, Senior Building Inspectors, Senior GIS Technician, and GIS Technician/Planner. C. Check Registers. It was recommended to ratify the check registers dated December 5, 2002 and December 12, 2002 as presented. D. Trash Hauler License Renewals. It was recommended to approve 2003 Trash Hauler License Renewals for the following: Construction/Demo: BFI, Armor Waste Systems, Aspen Waste Systems, Lightning Disposal, Schill?s Dumpster Service, WTI Waste Tech, Haul-Tech, Tennis Roll-Off, Superior Services, Twin City Refuse, All-Star Disposal, Randy?s Sanitation. Multiple Dwelling/Commercial: BFI, Armor Waste Systems, Aspen Waste Systems, Haul-Tech, Triangle Services, Superior Services. Residential: BFI, Triangle Services, Nitti Sanitation, Tennis Sanitation, Superior Services. E. Tobacco License Renewals. It was recommended to approve 2003 Tobacco License Renewals for Blackhawk Liquor, Oriental Foods, and Yocum?s Holiday 3831. F. Kennel License Renewals. It was recommended to approve 2003 Kennel License Renewals for Four Paws Pet Resort and Doc Marlo Kennel. G. Pet Shop License Renewals. It was recommended to approve 2003 Pet Shop License Renewals for Wal- Mart Store and Wet World. H. Eagan Business News. It was recommended to approve Lehrer-Schriner as the selected vendor for the Eagan Business News. I. Historic Roads and Trails. It was recommended to authorize funding for the Historic Roads and Trails Recognition Program. J. Radio Frequency Control Station Use Agreement. It was recommended to approve the Radio Frequency Control Station Use Agreement between the Metropolitan Radio Board and the City of Eagan. K. 3820 Alder Lane. Purchase agreement with REM Metro Services, Inc. for property at 3820 Alder Lane and to declare the expenditure eligible as a reimbursable expense for the purposes of the Cedar Grove Tax Increment Financing Redevelopment District. Pulled for discussion L. 2003 Enterprise Fund Budget. It was recommended to approve the proposed 2003 budgets for the three Enterprise Funds: Public Utilities (Water, Sanitary Sewer, Street Lighting, Storm Drainage, and Water Quality), Civic Arena, and Aquatic Facility (Cascade Bay). M. 2003 Special Revenue Funds Budget. It was recommended to approve budgets for the following Special Revenue Funds: Housing Fund, Police Forfeiture Fund, Economic Recovery Grant Fund, Cedarvale Special Services District Fund, and Cable TV Franchise Fees Fund. N. 2003 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television Budgets. It was recommended to approve the proposed 2003 budgets for Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television. Eagan City Council Meeting Minutes December 17, 2002 Page 3 O. On-Sale Liquor and Sunday License. It was recommended to approve the On-Sale Liquor and Sunday license for Cerrito Colorado, Inc., dba El Loro Mexican Restaurant, 1428 Yankee Doodle Road. P. Change Order ? Community Center. It was recommended to approve Change Order #8, Community Center. Q. Minutes Revision. It was recommended to approve the revision on page 4 of the November 26, 2002 Special City Council meeting. R. Extension for Recording Conditional Use Permit. It was recommended to approve a 90-day extension of time to record a Conditional Use Permit for Wal-Mart for property located at 1360 Town Centre Drive in the NW ¼ of Section 15. S. Ordinance Amendment. It was recommended to direct the City Attorney?s office to prepare an Ordinance Amendment to allow additional product signage, via a Conditional Use Permit, for commercial and industrial businesses. T. Modification to City Code. It was recommended to approve modifications to Chapter 11 of the City Code. U. Final Subdivision. It was recommended to approve a Final Subdivision (Wendolek Woods) to create two 02-92 single family lots on approximately 1.06 acres located at 4565 Oak Pond Road. 02-93 V. Final Subdivision and Final Planned Development. It was recommended to approve a Final Subdivision rd (Eagan Heights Townhomes 3 Addition) to create 38 lots on approximately 5.2 acres located north of Diffley Road across from Metcalf Junior High School in the SW ¼ of Section 19. W. Easement Vacation, Final Subdivision and Final Planned Development. It was recommended to approve a Vacation of public drainage and utility easements within Lot 3, Block 1, Blackhawk Plaza; a Final 02-94 Subdivision (Greyhawk Addition) to create 44 lots and two outlots on approximately 8.3 acres located between Blackhawk Road and Highway 77, north of Diffley Square in the SE ¼ of Section 20; approve a Final Planned Development for Greyhawk for construction of 43 townhome units and one existing single- family home. 02-95 X. Final Subdivision. It was recommended to approve a Final Subdivision (Waters Edge) to create nine single family lots on 4.6 acres located at 1470 Englert Road, west of Pilot Knob Road. Y. Final Plat and Final Planned Development- Gift of Mary. Continued until Public Hearing for Project 874. Z. Final Planned Development. It was recommended to approve a Final Planned Development Agreement for Phase II of the Eagan Senior Housing Addition (building 1) located on the south side of Town Center Drive, east of Denmark Avenue and north of O?Leary Lake in the NE ¼ of Section 15. AA. Project 886. It was recommended to authorize the preparation of a Feasibility Report for Project 886 (Lone Oak Road Upgrade ? Highway 55 to Inver Grove Heights border) by WSB & Associates, Inc. BB. 2003 Consulting Engineering Rates. It was recommended to approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2003. CC. Project 828. It was recommended to approve Change Order #1 to Project 828 (Ches Mar Pond) for the Home Modification Contract (Schweich Construction) in the amount of $2,205. DD. Contract 01-12B. It was recommended to approve Change Order No. 1 to Contract 01-12B (July 2000 Storm Mitigation ? Landscaping Improvements) and authorize the Mayor and City Clerk to execute all related documents. EE. Contract 01-04. It was recommended to approve Change Order No. 6 to Contract 01-04 (Central Parkway / Northwood Parkway and Community Center ? Street, Utility and Grading Improvements) and authorize the Mayor and City Clerk to execute all related documents. FF. Contract 01-05. It was recommended to approve Change Order No. 3 to Contract 01-05 (Cedar Grove Access Modifications) and authorize the Mayor and City Clerk to execute all related documents. GG. Contract 01-07. It was recommended to approve Change Order No. 4 to Contract 01-07 (Lexington Avenue ? Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. HH. Set Public Hearing. It was recommended to set a public hearing date to consider revocation of the Interim Use Permit for outdoor storage of equipment and trailers approved on October , 1, 2002 for property owned by Mr. Jim Oberg, located in a Neighborhood Business zoning district, south of Red Pine Lane between Highway 3 and Biscayne Avenue in the SE ¼ of Section 36. 02-95A 02-95B Eagan City Council Meeting Minutes December 17, 2002 Page 4 II. Premise Permit Renewal. It was recommended to approve Premise Permit Renewal for Mendota Heights Athletic Association to conduct pull-tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda Restaurant, 3665 Sibley Memorial Highway. JJ. Contract 01-12A. It was recommended to approve the final payment for Contract 01-12A (July 2000 Storm Mitigation ? Landscaping Improvements0 in the amount of $1,821.50 to North Country Landscape and Design and accept the improvements for perpetual City maintenance subject to warranty provisions. KK. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the final plat for Cedar Villas, located west of Nicols Road and north of Erin Drive in the SW ¼ of Section 30. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 K. 3820 Alder Lane. Purchase agreement with REM Metro Services, Inc. for property at 3820 Alder Lane and to declare the expenditure eligible as a reimbursable expense for the purposes of the Cedar Grove Tax Increment Financing Redevelopment District. A brief discussion was held regarding future development of the property. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a purchase agreement with REM Metro Services, Inc. for property at 3820 Alder Lane and to declare the expenditure eligible as a reimbursable expense for the purposes of the Cedar Grove Tax Increment Financing Redevelopment District PUBLIC HEARINGS PROJECT 874, GIFT OF MARY STREET AND UTILITY IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 874 (Gift of Mary Addition Street and Utility Improvements). City Engineer Matthys gave a staff report. Mayor Awada opened the public hearing. Three citizens spoke, two expressing their concerns regarding assessment amounts, and one questioned if there would be signalization at Highway 55. Council and staff discussed assessment deferral options, and stated there would be a future assessment hearing. Director Colbert responded that the intersection meets the spacing guidelines for a Trunk Highway but that a signal won?t be considered by MnDOT until it meets their volume or safety warrants and priority funding becomes available. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Councilmember Tilley made a statement regarding the Copeland?s lack of information in relation to funding of the project. Mayor Awada stated it was not the concern of the City regarding how the project will get funded, and the issue at hand is the utility project. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 874 (Gift of Mary Addition Street and Utility Improvements), authorize the preparation of detailed plans and specifications, and the acquisition of easements through the quick-take eminent domain process, if necessary (approval valid for two years) Aye: 4 Nay: 1 Tilley opposed. FINAL PLAT AND FINAL PLANNED DEVELOPMENT - GIFT OF MARY Eagan City Council Meeting Minutes December 17, 2002 Page 5 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Final Plat (Gift of Mary) consisting of one lot for property located south of Lone Oak Road and north of Hwy. 55 and bordering on Inver Grove Heights, in the NE ¼ of Section 12. Aye: 4 Nay: 1 Tilley opposed 02-96 Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Final Planned Development for a children?s home and on-site school and community center. Aye: 4 Nay: 1 Tilley opposed PROJECT 680, CLIFF ROAD STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges stated that staff requested this item be rescheduled to allow renotification of affected property owners. Councilmember Bakken moved, Councilmember Fields seconded a motion to reschedule the public hearing to February 4, 2003 for consideration of the Final Assessment Roll for Project 680 (Cliff Road ? Street and Utility Improvements). Aye: 5 Nay: 0 PROPOSED 2003 PROPERTY TAX LEVY City Administrator Hedges discussed the proposed 2003 property tax levy. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. 02-96A Mayor Awada moved, Councilmember Fields seconded a motion to approve the proposed 2003 property tax levy as follows: Aye: 5 Nay: 0 Approve the proposed 2003 property tax levy as follows: General Revenue: General Fund $ 16,514,300 Equipment Revolving Fd 800,000 Major Street Fd 1,102,500 Gen Facilities R&R Fd 110,250 Subtotal General Revenue 18,527,050 Debt service: Community Center bonds 1,038,800 Total City-wide Levy $ 19,565,850 Cedarvale Special Services Dist. $ 2,000 PROPOSED 2003 GENERAL FUND BUDGET City Administrator Hedges introduced this item regarding the proposed 2003 General Fund budget. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the proposed 2003 General Fund budget. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 17, 2002 Page 6 ISSUANCE OF $12,975,000 MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS ? THOMAS LAKE APARTMENTS City Administrator Hedges introduced this item regarding the issuance of tax-exempt revenue refunding bonds and taxable revenue bonds for the Thomas Lake Apartments. Director of Administrative Services gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. 02-97 Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt a resolution authorizing issuance of $12,975,000 tax-exempt revenue refunding bonds and $3,325,000 of taxable revenue bonds for the Thomas Lake Apartments under Minnesota Statutes, Chapter 462C. Aye: 5 Nay: 0 ISSUANCE OF $5,380,000 MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS ? ASPENWOODS OF EAGAN APARTMENTS Mayor Awada stated that Aspenwood?s bond counsel has requested this item be continued to the January 7, 2003 City Council meeting. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue the public hearing on the issuance of $5,380,000 multi-family housing refunding revenue bonds to the January 7, 2003 meeting. Aye: 5 Nay: 0 PROJECT 751R, DODD RD. - CLIFF ROAD TO BUTWIN ROAD FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for Project 751R (Dodd Road, Cliff Road to Butwin Road). Public Works Director Colbert gave a staff report. Mayor Awada opened the public hearing. Nine citizens spoke expressing their opposition to the proposed assessments. Steve Sullivan, representing Dakota County, requested the Council consider continuing consideration of that portion of the assessment that pertains to the regional park until the regional park assessment rate has been agreed upon. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. Mayor Awada and Councilmembers discussed the options for payment of the assessment and/or deferment. Based on staff information and recommendation, it was agreed that the street related assessments for Parcel 10-03600-050-27 be eliminated (substandard size) and Parcel 10-03600-030-26 be reduced from two to only one lot equivalent (structure location precludes lot split). Mayor Awada moved, Councilmember Bakken seconded a motion to approve the modified final assessment roll for Project 751R (Dodd Road, Cliff Road to Butwin Road ? Street, Utility and Trail Improvements) and authorize its certification to Dakota County for collection with the following caveats ? interest would only , accrue on any unpaid balances effective on and from June 302003 instead of December 17, 2002 and authorize the postponement of all additional (greater than one) lot equivalents for potential future subdivisions if the property owners enter into an appropriate agreement by June 30, 2003. Aye: 5 Nay: 0 PROJECT 850, DODD ROAD, DIFFLEY ROAD TO ETHAN / CAMBERWELL DRIVE FINAL ASSESSMENT HEARING Eagan City Council Meeting Minutes December 17, 2002 Page 7 PROJECT 862, DODD ROAD, ETHAN / CAMBERWELL DRIVE TO WESCOTT ROAD FINAL ASSESSMENT HEARING Public Works Director Colbert gave a staff report regarding the final assessment roll for Project 850 (Dodd Road to Ethan Drive / Camberwell Drive ? Street, Utility and Trail Improvements) and Project 862 Dodd Road, Ethan / Camberwell Drive to Wescott Road. Mayor Awada opened the public hearings for both projects. John Bueller, representing 4145 Dodd Road requested that his property be reduced to only one lot equivalent. There being no further public comment, Mayor Awada closed the public hearing and turned discussion back to the Council. It was agreed that Mr. Bueller?s property be reduced to only one lot equivalent. Councilmember Awada moved, Councilmember Tilley seconded a motion to approve the modified final assessment roll for Project 850 (Dodd Road, Diffley Road to Ethan Drive / Camberwell Drive ? Street, Utility and Trail Improvements) reducing the street related assessment for Parcel 10-32990-010-11 from two to one lot equivalents and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Bakken abstained. Councilmember Awada moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 862 (Dodd Road, Ethan Drive/Camberwell Drive to Wescott Road ? Street, Utility and Trail Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 NEW BUSINESS FRIENDS OF PATRICK EAGAN PARK RESOLUTION City Administrator Hedges introduced this item regarding a resolution drafted by Friends of Patrick Eagan Park regarding a greenway area in central and southern Eagan. John Conrad representing Friends of Patrick Eagan Park made a brief presentation. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a resolution 02-98 prepared by Friends of Patrick Eagan Park regarding a greenway area in central and southern Eagan. Aye: 5 Nay: 0 2003 FEE SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS City Administrator Hedges introduced this item regarding the 2003 Fee Schedule establishing fees for various City Services, supplies and materials. Director of Administrative Services VanOverbeke gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt a resolution 02-99 approving the 2003 Fee Schedule establishing fees for various City services, supplies and materials (tubing fees for Trapp Farm Park will remain the same as 2002 pending Committee review. Tobacco License Fees will be reviewed after report regarding violations in 2002). Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (ZEHNDER PONDS) BRAD SWENSON City Administrator Hedges introduced this item regarding a preliminary subdivision to create two single- family lots upon approximately 1.4 acres located north of Lone Oak Road between Pilot Knob Road and Lone Oak Lane. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes December 17, 2002 Page 8 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to create two single-family lots upon approximately 1.4 acres located north of Lone Oak Road between Pilot Knob Road and Lone Oak Lane in the SE ¼ of Section 4, subject to the following conditions : Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B2, C1, C2, D1 and E1. 2. The property shall be platted. 3. Architectural designs and construction methods for new construction within the development shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL. 4. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City?s recently codified land disturbance and erosion control regulations. 5. A public improvement project providing for a pipe from, and acquisition of ponding easement over, Pond HDP-1, shall be approved by the City Council prior to final subdivision approval for this development. 6. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards. 7. This development shall dedicate restricted access, as required by Dakota County, along Lone Oak Road. 8. A cross easement providing for vehicle ingress and egress and maintenance of the shared driveway shall be prepared for review and approval by the City Attorney prior to final subdivision approval. 9. This development shall meet the City?s water quality requirements through cash dedication in lieu of treatment ponding. 10. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down-gradient resources and water quality. 11. The applicant shall submit a revised tree preservation pan, considering staff?s calculations and providing for required tree mitigation in the amount of 14 Category A trees, or an equivalent combination of Category B or Category C trees. 12. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 13. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 14. This development shall be responsible for a cash parks dedication and a cash trails dedication for two lots payable prior to release of the plat for recording at the rates then in effect. ADMINISTRATIVE AGENDA An update regarding the December 16, 2002 Operations Committee Meeting (Community Center) was given. The Committee requested action by Council to authorize the following: ? Add additional cabinetry to the east meeting room ? Hiring freeze for the Community Center until the Committee makes a staffing recommendation to Council ? Change the paint color in the locker rooms and bathrooms (currently painted green) Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize a hiring freeze for the Community Center, awaiting a recommendation by the end of January, 2003. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize additional cabinetry be constructed in the east meeting room. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes December 17, 2002 Page 9 Mayor Awada moved, Councilmember Fields seconded a motion to authorize repainting the Community Center locker rooms and rest rooms that are currently painted green. Aye: 3 Nay: 2 Bakken and Tilley opposed. Councilmember Tilley requested that Item X of the Consent Agenda be opened for reconsideration. Mayor Awada moved, Councilmember Bakken seconded a motion to reconsider item X of the Consent Agenda: Final Subdivision, Waters Edge ? McDonald Construction, Inc. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to approve the Final Subdivision, Waters Edge ? McDonald Construction, Inc. Aye: 4 Nay: 0 Tilley abstained. Mayor Awada called a recess at 10:10 pm and immediately convened a meeting of the Economic Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 10:15 pm, concluded the cable broadcast portion and introduced ?Visitors to be Heard?. There being no public comment, the Council meeting was adjourned at 10:16 pm. _____________________________ ___________________________________ Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.