Loading...
11/01/2011 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 1, 2011 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, November 1, 2011 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison and Director of Parks and Recreation Johnson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION The City Council and Police Chief McDonald recognized Tom Schoenecker for his 20 years of service and retirement from the City. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minute of the October 18, 2011 regular City Council meeting and the minutes of the October 11, 2011 Special City Council meeting as presented B. PERSONNEL ITEMS 1. It was recommended to approve the hiring of Amy Grannes for Office Supervisor /Administrative Assistant position at the Central Maintenance Facility 2. It was recommended to authorize replacement of the Clerical Technician III position in Community Development 3. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation 4. It was recommended to accept the resignation of Wayne Schwanz, Utilities Superintendent, and authorize his replacement 5. It was recommended to approve appointment of Darrin Bramwell, Fire Inspector, to Acting Fire Marshal until further notice 6. It was recommended to approve the flexible spending account employee contribution limit to increase from $3,000 /year to $3,500 /year 7. It was recommended to accept the resignation of Sergeant Tom Schoenecker and authorize his replacement 8. It was recommended to authorize the appointment of Officer John Collins to Sergeant 9. It was recommended to authorize the replacement of John Collins with a new hire C. It was recommended to approve Check Registers dated October 13, 2011 and October 20, 2011 as presented E. It was recommended to award the Contract for Auditing Services for the 2011 -2012 financial statements to Kern DeWenter Viere, Ltd. and to direct the Finance Committee to meet regarding the new accounting standards related to the fund balance F. It was recommended to approve the Funding Application from Dakota Valley Recycling to Dakota County for the Community Landfill Abatement Funds and local negotiated initiative funds to operate the 2012 Dakota Valley Recycling Program G. It was recommended to approve a Contract extension with Design Nine for continuing consulting on conduit/fiber installation and authorize a funding transfer H. It was recommended to extend completion dates for Conditional Use Permit for property located at 905 Yankee Doodle Road; 99 -cent Only Stores City Council Meeting Minutes November 1, 2011 2 page I. It was recommended to adopt a Resolution accepting a $300 donation from the Elko Speedway to be used by the Eagan Police Department for K -9 training J. It was recommended to approve a resolution accepting a Bulletproof Vest Partnership (BVP) grant award from the Bureau of Justice Assistance in the amount of $13,457.29 K. It was recommended to adopt a Resolution accepting a $12,381.74 donation from the Eagan Citizens Crime Prevention Association for the purchase of a speed trailer and tactical vests for the Police Department's K -9's L. It was recommended to approve an Amendment to the original 2009 Joint Powers Agreement enabling Eagan Police Detectives to access funds for training, equipment and overtime through the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant administered by the Minnesota Bureau of Criminal Apprehension M. It was recommended to approve the final payment for Contract 09 -04, Fish Lake Alum Dosing & Settling Basin water quality improvements in the amount of $5,247.58 to Stocker Excavating, Inc. N. It was recommended to receive the draft Feasibility Report for Project 1085 (Denmark Avenue, Promenade Place to Town Centre Drive — Intersection Traffic Control & Street Improvements) and Schedule Public Hearing (December 6, 2011) O. It was recommended to delegate authority to the City of Apple Valley to Select Black Dog WMO Commissioner (Apple Valley -Eagan Representative) and Alternate P. It was recommended to approve Cooperative Agreement No. 99780 with Minnesota Department of Transportation for Project 1019 (1 -35E Noise Wall - West Side of 1 -35E, North of Diffley Road) Q. It was recommended to approve a Resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $2.0 million from the Municipal State Aid Road Account R. It was recommended to approve a Tobacco License for BK Discount Liquor, LLC, DBA BK Discount Liquor, 1629 Lena Court S. It was recommended to approve a Tobacco License for Prosperity Liquor, Inc., DBA T L Liquors, 1565 Cliff Road Suites 18 & 19 T. It was recommended to approve an Off -Sale Liquor License for Prosperity Liquor, Inc., DBA T L Liquors, 1565 Cliff Road Suites 18 & 19 U. It was recommended to approve an application for Exempt Permit for Eagan High School Boys Lacrosse Booster Club to hold a raffle on March 15, 2012 at Eagan High School V. It was recommended to approve a Temporary On -Sale Liquor License for People of Praise, MN, Inc.'s Community Social on November 19, 2011 W. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus X. It was recommended to ratify Central Commons Special Area Retail Market Absorption Study Service Agreement with Maxfield Research to perform the Central Commons Special Area Retail Market Absorption Study Y. It was recommended to approve the Public Works Committee's recommendation regarding Inflow & Infiltration Surcharge Appeals Z. It was recommended to extend completion dates for Interim Use Permit for property located at 915 Yankee Doodle Road, Fleetpark, LLC PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges discussed the final assessment roll for delinquent utility bills, noting there are currently approximately 1223 utility bill accounts with delinquent payments. The assessable amount of these accounts is $202,364.26. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the Council. City Council Meeting Minutes November 1, 2011 3 page Councilmember Bakken moved, Councilmember Hansen seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed the final assessment roll for delinquent false alarm bills, noting there are currently 11 properties with delinquent false alarm bills with an assessable amount of $2,365. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT NOXIOUS WEED, MOWING, REFUSE REMOVAL AND BOARD -UP BILLS City Administrator Hedges discussed the final assessment roll for delinquent noxious weed, mowing, refuse removal and board -up bills, noting the City currently has 21 properties with an assessable amount of $10,144.80. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the public hearing and approve the final assessment roll for delinquent noxious weed, mowing, refuse removal, and board -up bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING, PROJECT NO. 1049 WILDERNESS RUN ROAD — STREET OVERLAY City Administrator Hedges introduced the item regarding the final assessment roll for Project 1049, Wilderness Run Road street improvements. Director of Public Works Colbert gave a staff report. Mayor Maguire opened the public hearing. Tim Sheridan, 926 Oakwood Heights Circle, spoke on behalf of his homeowners' association in opposition to the assessments. City staff provided responses to the various questions and issues raised and the City Council then discussed further the proposed assessments. Written letters of objection were submitted from Mr. Sheridan and a Mr. Brian Moss, 919 Oakwood Heights Circle. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the final assessment roll for Project 1049, Wilderness Run Road street improvements and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING, PROJECT 1043 BLACKHAWK POND — STREET OVERLAY City Administrator Hedges introduced the item regarding the final assessment roll for Project 1043, Blackhawk Pond/Murphy Parkway street improvements. Director of Public Works Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. City Council Meeting Minutes November 1, 2011 4 page Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 1043, Blackhawk Pond/Murphy Parkway street improvements and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING, PROJECT 1038 ENGSTROMS DEERWOOD — STREET OVERLAY City Administrator Hedges introduced the item regarding the final assessment roll for Project 1038, Engstroms Deerwood Addition street improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 1038, Engstroms Deerwood Addition street improvements and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING, PROJECT NO. 1021 PARK KNOLL ADDITION — STREET OVERLAY City Administrator Hedges introduced the item regarding the final assessment roll for Project 1021, Park Knoll Addition street improvements. Director of Public Works Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the final assessment roll for Project 1021, Park Knoll Addition street improvements and authorize its certification to Dakota County for collection. Aye:5 Nay:0 FINAL ASSESSMENT HEARING, PROJECT NO. 1040 FAIRWAY HILLS — STREET OVERLAY Mayor Maguire stated that he is proposed to be assessed under Project 1040 as a homeowner in the Fairway Hills neighborhood and, thus, recused himself from the item and turned the meeting over to Acting Mayor Hansen. City Administrator Hedges introduced the item regarding the final assessment roll for Project 1040, Fairway Hills Addition street improvements. Director of Public Works Colbert gave a staff report. Acting Mayor Hansen opened the public hearing. Mike Maguire, 1331 St. Andrew Boulevard, commented on the proposed assessment. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the final assessment roll for Project 1040 Fairway Hills Addition street improvements and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Abstention: 1 (Maguire) OLD BUSINESS There were no items for discussion. NEW BUSINESS INTERIM USE PERMIT — HIGH POINT CHURCH City Administrator Hedges introduced the item regarding an Interim Use Permit for property located at 875 Blue Gentian Road, legally described as Lot 4, Block 1, Robins 2 nd Addition. City Planner Ridley gave a staff report. City Council Meeting Minutes November 1, 2011 5 page The applicant representing High Point Church addressed the City Council regarding the request for an Interim Use Permit. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Interim Use Permit for property located at 875 Blue Gentian Road, legally described as Lot 4, Block 1, Robins 2 nd Addition, subject to the conditions listed in the APC minutes. Aye: 5 Nay: 0 The Interim Use Permit shall be recorded against the property at the Dakota County. The permit shall expire five (5) years from the date of approval. All signage shall be consistent with City Code requirements. A building permit shall be obtained for interior remodeling and tenant finish work. Any new rooftop or ground mounted mechanical units shall be subject screening requirements in the City Code. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. CONDITIONAL USE PERMIT — MINNESOTA TRUCK & TRAILER City Administrator Hedges introduced the item regarding a Conditional Use Permit to allow outdoor truck and trailer repair, and sales with accessory outdoor storage, on property located at 3110 Mike Collins Drive. City Planner Ridley gave a staff report. Joe Laux, representing Minnesota Truck and Trailer, addressed the City Council regarding the request for a Conditional Use Permit. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outdoor truck and trailer repair, and sales on property located at 3110 Mike Collins Drive, subject to the conditions listed in the APC minutes. Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. All signage is subject to City Code requirements and the applicant shall receive a sign permit prior to installation of new signs. 3. Trash containers shall be located indoors or within an enclosure that meets City Code requirements. A building permit is required to construct a trash enclosure. 4. Any damage to the exterior walls shall be repaired as required by the MN State Building Code and site compliance to the City Code shall occur by June 1, 2012. 5. The storage area in the southeast corner of the site shall be paved with bituminous surfacing and concrete curb and gutter installed by June 1, 2012. 6. Existing landscaping shall be maintained. Vegetation that is failing or has died shall be replaced. 7. The existing light pole shall be removed and/or repaired. Additional lighting to provide site security shall be submitted for review by City staff and installed no later than June 1, 2012 with footcandles added to ensure compatibility at the right -of -way line. 8. Any changes to the mechanical equipment shall be consistent with the provisions of the City Code so that it is not visible from the public right -of -way. 9. Building identification numbers shall be installed consistent with City Code Section 2.78. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow accessory outdoor storage of trucks and trailers on property located at 3110 Mike Collins Drive, subject to the conditions listed in the APC minutes. Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The outdoor storage shall be limited to the truck and trailer locations as identified on the Site Plan received October 4, 2011 with a total of 18 truck stalls, 28 truck/trailer stalls and 18 auto parking stalls. 3. No additional outdoor storage shall be allowed. City Council Meeting Minutes November 1, 2011 6 page 4. No vehicles shall be parked overnight on public right -of -way. 5. The existing CUP dated September 4, 2001, shall be terminated. REZONING AND PRELIMINARY PLANNED DEVELOPMENT — U -HAUL City Administrator Hedges introduced the item regarding a Rezoning from Limited Industrial (I -1) to Planned Development (PD) for property located at 2871 West Service Road. Hedges also introduced the item regarding a Preliminary Planned Development for a moving and storage facility located at 2871 West Service Road. City Planner Ridley gave a staff report. Samantha Keating, representing Amerco Real Estate (U -Haul International), addressed the City Council regarding the request for rezoning and a preliminary planned development. Ms. Keating also requested the Council's consideration of an additional fifteen (15) square feet to the overall size of the pylon sign proposed. There was City Council consensus not to grant the additional square footage on the pylon sign. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Rezoning from Limited Industrial (I -1) to Planned Development (PD) for property located at 2871 West Service Road. Nay: 5 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development (PD) for a moving and storage facility located at 2871 West Service Road, subject to the conditions listed in the APC minutes. Aye: 5 Nay: 0 1. The developer shall execute a Planned Development Agreement and record it against the property. The following exhibits are required for the Agreement: Final Site Plan Final Building Elevations Final Site Lighting Plan Final Landscape Plan Final Signage Plan Storm Drainaize /Utilities 2. This development shall manage storm water and protect water quality from the new outdoor storage/ parking areas by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, acceptable complementary storm water treatments, storm water treatment ponds, regional ponds, and maintenance of private storm water facilities in accordance with the current City post construction storm water regulations. Landscaping 3. The Final Landscape Plan shall identify additional foundation plantings, a variety of overstory trees as well as vegetation along the west property line. 4. The Final Landscape Plan shall clarify the amount of green space and show planting details and specifications. 5. All landscaped areas shall be irrigated. 6. The developer and owner shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long -term maintenance of the rain gardens. Building Elevations 7. Building elevations for the storage units visible to the public right -of -way shall meet building material requirements. 8. Building facades exceeding 40 feet in width shall be designed with multiple planes and sections of coordinating materials or both to provide visual interest. 9. Any damaged block in the exterior walls shall be repaired as required by the MN State Building Code by June 1, 2012. 10. The applicant shall provide a revised elevation plan sheet for the storage units that meet City Code requirements. Signage 11. Building signage shall meet City Sign Code requirements of three total signs on no more than two elevations. 12. The pylon sign shall not exceed 50 feet in height and shall comply with all other City Sign Code requirements. 13. Sign permits shall be obtained prior to installation for both the building and pylon signs. City Council Meeting Minutes November 1, 2011 7 page Parking/Outdoor Storage 14. If after review by the City, it is determined that additional on -site parking is needed due to extensive on- street parking, additional on -site parking shall be provided or demand of parking reduced within one year of notice to the Applicant or its successors or assigns. 15. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 16. If an open - graded aggregate is used for the outdoor RV storage area, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 17. All parking and storage areas shall be properly maintained to prevent deterioration. 18 The new areas of bituminous surface shall be constructed with perimeter concrete curb and gutter. 19. The existing bituminous surface on the site along Eagan Industrial Road (labeled on the site plan as a Shunting (Area) is in poor condition, and shall be re- surfaced with bituminous. Liahtmg 20. Site Lighting shall be consistent throughout the development. All fixtures shall be downcast and shielded to prevent glare. Pole— mounted fixtures shall not exceed 25 feet in height. 21 The applicant shall provide lighting plan specifications. 22. The Photometric plan shall be revised for the building permit application to show compliance with City Code standards, and the standards identified in the planning report. General 23. Mechanical equipment shall meet City Code screening requirements. 24. Building identification numbers shall be installed consistent with City Code Section 2.78. 25. Outdoor storage shall only be allowed as identified on the Site Plan received October 12, 2011. 26. Residential and commercial uses shall not be conducted within any rented U -Haul storage space. 27. A building permit shall be obtained for both the fence and gate. 28. Gate details shall be provided. 29. The gate shall not exceed eight feet in height. 30. The gate shall be kept in premium condition. 31. A lock box shall be provided on the gate to provide emergency vehicle access. 32. The trash enclosure shall meet City Code requirements. 33. An eight foot CMU wall provides the enclosure on the western and southern portion of the storage area. Details of the eight foot CMU wall on the north and west property lines shall be provided for the building permit and shall meet City Code requirements to break up expanses exceeding 40 feet in width. 34. Jersey barriers shall be located on the site as shown on the Site Plan received October 12, 2011. PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT — BCBSM, INC. City Administrator Hedges introduced the item regarding a Preliminary Subdivision (BCBSM West Addition) to create two parcels upon approximately 37 acres consisting of Lot 1, Block land Outlot A, Riverpark Office Center located west of Yankee Drive and South of Yankee Doodle Road. Hedges also introduced a Preliminary Planned Development to clarify allowable square footage for future development upon approximately 37 acres consisting of Lot 1, Block 1 and Outlot A, Riverpark Office Center located west of Yankee Drive and south of Yankee Doodle Road. City Planner Ridley gave a staff report. Frank Fidler, representing BCBSM, Inc., addressed the City Council regarding the request for a preliminary subdivision and preliminary planned development. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (BCBSM West Addition) to create two parcels upon approximately 37 acres consisting of Lot 1, Block land Outlot A, Riverpark Office Center located west of Yankee Drive and South of Yankee Doodle Road. 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, B4 2. The property shall be platted. City Council Meeting Minutes November 1, 2011 8 page 3. The applicant shall provide evidence of the appropriate declaration or easement agreements for shared driveway access with the adjacent Comsery parcel prior to final subdivision approval. 4. The applicant shall provide evidence of shared parking agreements for review by the City Attorney prior to final subdivision approval. 5. Cash park and trail dedications would be due for the undeveloped portion of the site to be paid at the time of building permit at the rates then in effect. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development to clarify allowable square footage for future development upon approximately 37 acres consisting of Lot 1, Block 1 and Outlot A, Riverpark Office Center located west of Yankee Drive and south of Yankee Doodle Road, subject to the conditions listed in the APC minutes. Aye: 5 Nay: 0 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The property shall be platted. 3. This Planned Development allows for a total building area of up to 262,000 SF for office uses upon Lot 1, Block 1, BCBSM West Addition. 4. Future development of Lot 1, Block 1, BCBSM West Addition will be subject to compliance with all City ordinances and environmental regulations in effect at the time of such development including, but not limited to, tree preservation, wetland protection, bulk standards for parking, green space, setbacks, architectural materials, mechanical screening, etc. 5. Any further development on Lot 1, Block 1, BCBSM West Addition shall require a Final Planned Development together with the following exhibits: a. Site Plan b. Landscape Plan c. Building Elevation Plan d. Utility Plan e. Site Lighting Plan 6. This Amendment shall supplement and amend all prior Planned Development Agreements, including Preliminary Planned Development Agreements. 7. The term of this Agreement shall be 15 years. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Councilmember Bakken congratulated Gary Huusko on his 2 -year appointment to the ISD 196 School Board. Mayor Maguire congratulated Justin Miller on his appointment as the Mendota Heights City Administrator. Maguire also noted the comments shared by Mr. Joe Laux of Minnesota Truck and Trailer complimenting the City Council for their professionalism. CITY ADMINISTRATOR City Administrator Hedges noted the request to approve the change orders for City conduit and fiber (Contract 1I- 14) was intended to be considered as a consent agenda, but was not announced in advance, thus a motion would be in order. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve change orders for City Conduit and Fiber Contract 11 -14. Aye: 5 Nay: 0 City Council Meeting Minutes November 1, 2011 9 page DIRECTOR OF PUBLIC WORKS Public Works Director Colbert requested Council action pertaining to traffic control modifications and a MnDOT speed study for Federal Drive and the Duckwood Overpass. The City Council discussed the request and directed staff to do additional research on options for flashing lights to draw further attention to the traffic control modification. Councilmember Tilley moved, Councilmember Bakken seconded a motion to authorize the removal of stop signs on Federal Drive at its intersection with Washington Drive and Surrey Heights Drive. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a resolution requesting MnDOT to perform a Speed Study on Federal Drive and Duckwood Drive and authorize the Mayor and City Clerk to execute all related documents. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9 p.m. Aye: 5 Nay: 0 Date Mayor Clerk