Loading...
2010-09-07 City Council minutesSeptember 7, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Tuesday, September 7, 2010 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Abstain: 1 (Schneeman) CONSENT CALENDAR Mayor Huber called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Duggan moved adoption of the agenda as presented. Councilmember Krebsbach seconded the motion. Councilmember Duggan moved approval of the minutes of the regular meeting held on August 17, 2010 as corrected. Councilmember Vitelli seconded the motion. Councilmember Duggan moved approval of the consent calendar as presented, pulling items 6i, 6j, and 6k for further discussion, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 Meeting Agenda b. Acknowledgement of the July 2010 Building Activity Report c. Acknowledgement of the July 2010 Treasurer's Report d. Authorize Insurance Agent of Record Quotes e. Approval of September 2010 Airport Relations Commission Meeting Date /Location Change f. Approval of Rescheduling of November 2, 2010 City Council Meeting Approval of Seasonal Rink Attendant and Rink Flooder Job Posting and Seasonal Rink Flooder Job Description h. Approval of Sign Permit for Orbit Systems (1333 Northland Drive) g. September 7, 2010 Page 2 i. Approval of Sign Permit for Mendoberri (730 Main Street) j. Approval of Building Permit for Restaurant Technologies (2250 Pilot Knob Road) k. Approval of Third Amendment to the Mendota Plaza Development Agreement 1. Adoption of Resolution No. 10 -66: "RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT" m. Adoption of Resolution No. 10 -67: "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT FROM WILLIAM AND MARLENE FERGUSON TO THE CITY OF MENDOTA HEIGHTS" n. Adoption of Resolution No. 10 -68: "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT FROM THE FAMILY OF ROBERT JOHNSON TO THE CITY OF MENDOTA HEIGHTS" o. Adoption of Resolution No. 10 -69: "RESOLUTION AUTHORIZING MENDOTA HEIGHTS TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP" p. Adoption of Resolution No. 10 -70: "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR 2010 SANITARY SEWER REHABILITATION PROJECT" q. Approval of Contractors List, dated September 1, 2010 r. Approval of the List of Claims, dated September 7, 2010, totaling $556,613.56 With regard to Item 6b, Councilmember Duggan noted that year -to -date, building activity is 30% higher than in 2009. Councilmember Schneeman seconded the motion. Councilmember Krebsbach asked to comment on item 6i and requested an explanation of the sign request and name of the restaurant. Robert Ulrich, applicant, stated they are slated to finish the project at the end of September. He presented a picture of the proposed sign, which had been approved by the building owner. Mr. Ulrich explained that Mendoberri means Mendo for Mendota Heights, and berri implying fresh food and wine. The menu is American with European and eastern influences Ayes: 5 Nays: 0 RESTAURANT TECHNOLOGIES BUILDING PERMIT Ayes: 5 Nays: 0 MENDOTA PLAZA DEVELOPMENT AGREEMENT THIRD AMENDMENT September 7, 2010 Page 3 including a children's menu and served in a deli environment. They will use local farmers and growers to provide seasonal produce and the restaurant has seating for dining or the food can be packaged to go. The council welcomed Mr. Ulrich to the community and wished him success. Councilmember Duggan moved approval of the Mendoberri sign, 730 Main Street, #105, and grant staff the authority to issue the requested sign permit. Councilmember Vitelli seconded the motion. Councilmember Duggan asked to comment on item 6j. He referenced code standards and requested staff be alert to this business as it moves forward to assure there are no concerns with generation of odors. Councilmember Duggan moved approval of the building permit for Restaurant Technologies, 2250 Pilot Knob Road, and grant staff the authority to issue the requested building permit. Councilmember Vitelli seconded the motion. Councilmember Krebsbach asked to comment on item 6k, noting the current agreement indicates nothing is to be opened 24 hours a day. She expressed concern whether that will remain the case with this amendment, noting that Walgreen's is not open 24 hours a day, and requested a legal opinion. City Attorney Diehm stated it is correct that the current PUD agreement restricts all retail businesses, except for restaurants where liquor is served, and this amendment would create another exception. City Administrator McKnight noted this business is for members only. Mayor Huber agreed that requests had been made for an exception where the council felt it made sense due to a unique situation. However, approving an exception may make it more difficult to deny the next requested exception. Councilmember Schneeman expressed concern that the city may be open to a legal challenge if a future exception is denied. Ms. Diehm advised that the city cannot protect itself completely from a legal challenge. She recalled the September 7, 2010 Page 4 Walgreen's request was not denied but restrictions were imposed through a process of negotiation. Councilmember Krebsbach stated concern with considering an exception that weakens the city's position and stated support to deny the proposed amendment. Councilmember Vitelli stated this business is currently located in The Village and asked what are the hours? Mr. McKnight stated it is open 24 hours a day. Councilmember Vitelli asked why 24 hours a day is appropriate in its current location but not at Mendota Plaza? Councilmember Krebsbach noted that when Anytime Fitness carne into The Village, it was not considered by the council. Assistant to the City Administrator Sedlacek explained the Mendota Heights code does not place restrictions on hours of operation on any industrial or commercial property. Such restrictions have come under a conditional use permit (CUP) or planned unit development (PUD) and are part of the development agreement. He stated it is difficult to compare the hours of operation as a policy discussion when the consideration is an application for a specific request. Mayor Huber asked whether a business could be open 24/7 if it had no variances, PUD, or CUP? Mr. Sedlacek said that business could be open 24/7. He explained that no other property in Mendota Heights has the 24 hours a day restriction except for Mendota Plaza. Mayor Huber clarified that a staff approval is not required to permit a 24 hour business, it is allowed by code. Mr. Sedlacek agreed that staff would enforce the code. Councilmember Vitelli stated he finds it hard to explain to a business that it cannot continue a 24 hour operation when it is already doing so across the street. In addition, this is a club that requires a membership access to get into the establishment and is not open to the public. Councilmember Duggan stated he was also concerned about the impact of allowing a 24 hour business at one end of the Plaza when Walgreen's is not to be opened 24 hours a day. He stated support for allowing this business since it is already in operation within Mendota Heights and suggested consideration be tabled so a legal analysis can be conducted prior to the council taking action. September 7, 2010 Page 5 Ms. Diehm advised that the development agreement is with Paster Enterprises and is not a contractual agreement with Walgreen's. She read Section 4.9 of the development agreement that addressed restriction of hours for a retail establishment and the proposed language that would add a second exception for a fitness club. Councilmember Krebsbach stated there was significant testimony and negotiation with Paster Enterprises about Walgreen's agreeing to the restriction and she supported obtaining a legal opinion prior to council action. Councilmember Krebsbach indicated she is concerned the first negotiation with Walgreen's will become null and void if another business is allowed to be opened 24 hours a day. Councilmember Duggan asked whether all retail establishments as indicated in the development agreement properly defines Anytime Fitness? Mr. Sedlacek answered in the affirmative. Councilmember Duggan moved to table consideration of the third amendment to the Mendota Plaza development agreement to allow time for legal analysis whether Anytime Fitness can be allowed to be opened 24 hours a day as a membership club while still restricting Walgreen's from being open 24 hours a day and the impact on the request for future exceptions. Councilmember Schneeman seconded the motion. Councilmember Krebsbach stated she would like advice from the city's legal staff. Mayor Huber stated he would also like additional comment from Ms. Diehm. Councilmember Vitelli stated he is prepared to take action on the amendment tonight. Councilmember Schneeman stated she would like additional input on the path the city would be going down if this amendment is approved. Councilmember Duggan asked when Anytime Fitness anticipates opening? Ken Henk, Paster Enterprises, advised that they have received a building permit and the space is under construction. The applicant is out of the country tonight but plans to open on September 24, 2010. Mr. Henk noted this business has been in Mendota Heights for four years and Ayes: 5 Nays: 0 September 7, 2010 Page 6 no concerns have been raised about it being open 24/7 at its current location. He stated he understands the council's concern that precedence would be established but this is a private membership club and not open to the public as other retail establishments. Councilmember Duggan requested the city consider supporting an award for Mendota Plaza's outstanding conversion of its old building to a new building that makes the downtown area more appealing and energetic. The council concurred. Mr. Henk advised that the Minnesota Shopping Center Association has presented awards for The Village. The existing building remodel has been submitted for a Star Award as well as the city's overall development process. PUBLIC COMMENTS There were none. 2010 GO IMPROVEMENT BONDS Finance Director Schabacker reviewed that at the August 17, 2010, meeting, the council authorized the public sale of $1,055,000 general obligation bonds to finance the 2010 street reconstruction project. Stacie Kvilvang, Ehlers & Associates, explained the bonds are being sold for a 19 -year period. The rehabilitation portion will be paid through special assessments through a 10 -year term, the reconstruction portion through a 19 -year term, and the remainder through a special tax levy. Ms. Kvilvang advised that Moody's had reviewed and affirmed the city's AA1 bond rating. The bond sale was held this morning, three bids were received, and the lowest responsible bidder was United Bankers Bank of Bloomington, Minnesota, with an excellent rate at about 3 %. If awarded, the closing will be on or about September 29, 2010, when the city will receive the proceeds. Ms. Kvilvang advised that the rates dipped last week, which is evident with these bids. She explained that Ehlers reviews the opportunity for refunding bonds on a quarterly basis and if there is an opportunity for a significant savings, Ehlers will come before the council with a recommendation for refunding. Councilmember Duggan referenced page 65, sale of bonds, noting only 18 years are accounted for and asked about the 19th year? Ms. Kvilvang explained the first year of capitalized interest may not be shown and indicated she will look at this further. Councilmember Duggan commented on the cost to Ayes: 5 Nays: 0 TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD IMPROVEMENT PROJECT Ayes: 5 Nays: 0 September 7, 2010 Page 7 issue the bonds and asked about the cost for the registrar? Ms. Kvilvang explained the difference between the $1.055 million and $1.041 million is the underwriter's discount. The registrar is the paying agent, Bond Trust Services, who handles the paperwork and sends payments to Depository Trust Company on behalf of the city. Councilmember Vitelli moved adoption of Resolution No. 10- 71, "RESOLUTION AWARDING THE SALE OF $1,055,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT." Councilmember Schneeman seconded the motion. Public Works Director /City Engineer Mazzitello presented the draft resolution before the council to award the bid for the Highway 55 and Mendota Heights Road improvement project contract. He reviewed that construction plans were completed, advertised, and five bids were received and opened on August 23, 2010. Mr. Mazzitello advised the low bid was received from Bituminous Roadways, Inc. in the amount of $726,557.70. The engineer's estimate was $820,000. Mr. Mazzitello stated the engineering consultant verified the accuracy of the bid information and that analysis was also verified by staff. He recommended modification to the consultant contract to provide construction services including field staking, resident inspection, and administration services for this contract in the sum of $41,245. It was noted that these services and documentation are necessary since the city received $549,281 of MnDOT construction funds. Mr. Mazzitello recommended the council adopt the draft resolution awarding the bid and revise the contract. Councilmember Schneeman noted that Bituminous Roadways, Inc. is a local company. Councilmember Vitelli moved adoption of Resolution No. 10- 72, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD INTERSECTION IMPROVEMENT PROJECT (S.A.P. 140 -103- 017)." Councilmember Duggan seconded the motion. CONSTRUCTION OVERSIGHT CONTRACT Ayes: 5 Nays: 0 DISCUSSION OF COST FOR JULY 4TH FIREWORKS September 7, 2010 Page 8 Councilmember Vitelli moved to authorize staff to enter into an agreement with Bonestroo for construction oversight of the Trunk Highway 55 and Mendota Heights Road intersection improvement project in an amount not to exceed $41,245. Councilmember Duggan seconded the motion. Mr. McKnight reviewed the council's discussion at the August 17, 2010, work session regarding the cost of the annual July 4th fireworks display that is sponsored by Mendakota Country Club and the city. He referenced the summary provided by Mendakota Country Club on the cost for the fireworks, donations received, city contributions, and percentages paid towards the annual fireworks show. Councilmembers Krebsbach and Schneeman recused themselves from this discussion. Tim Milner, representing Mendakota Country Club, stated he has held discussion with staff and Mayor Huber so everyone should be comfortable with the background information provided. He noted the club has additional costs with the cleanup as does the city with traffic control and other activities. Mr. Milner explained that some local businesses and club members who have historically supported the cost of the fireworks are no longer in a position to do so. This year 41 club member families and guests attend the 4th of July celebration out of 300 golf members and 350 social members. Mr. Milner reviewed what was expended for a relatively low number of club members. He stated they hope that in several years, there will be better economic times, at which point there may not be the need for additional city contributions. Mayor Huber asked if 41 members is lower participation than past celebrations? Mr. Milner clarified it was 41 families, which is lower than in past years. Councilmember Duggan stated his support for the request, to a degree. He noted that at a recent meeting he had mentioned he would be comfortable with a higher contribution than the current amount. Councilmember Duggan noted the 4"' of July celebration provides good will for the community and many enjoy the fireworks show. He stated he is comfortable with the city covering one -third of the cost if the total cost is $12,000 or less. September 7, 2010 Page 9 Councilmember Vitelli stated he opposed increasing the city's exposure. He noted that Mr. Milner has mentioned that the club members are having difficulty during this economic downturn and he believed it was not a good decision to increase the exposure of the city's residents who are also having economic difficulties. He believed it would be a better approach to cut the cost by $2,000 to $3,000. Councilmember Duggan stated the 4th of July celebration is an integral part of the community and noted the city is not being asked to pay for all or one -half of the costs. He agreed that costs could be cut by reducing several minutes of fireworks but he felt $1,000 could be found. Councilmember Duggan reviewed the areas within Mendota Heights where the fireworks can be viewed. Councilmember Duggan moved to support a cost increase to pay one -third of the fireworks cost, not to exceed $4,000 for the city's contribution. Mayor Huber seconded the motion. Mayor Huber stated increasing the contribution recognizes this is a community -wide celebration. He acknowledged Councilmember Vitelli's suggestion to reduce costs, noting there is incentive to Mendakota Country Club to reduce the overall cost since they are paying two- thirds of the cost. Councilmember Vitelli offered a friendly amendment to ask Mendakota Country Club to reduce the total cost of the 4th of July fireworks show by $2,000. Councilmember Duggan declined the friendly amendment. Mr. Milner stated in 2005 -2008 the club negotiated a cost of $11,000 and in the last two years the cost was maintained at $11,783. He assured the council that the club is conscious of the costs and has continued to negotiate with the fireworks supplier to assure an A+ display without being frivolous with costs. Councilmember Vitelli asked what would change with a $9,000 limit? Mr. Milner indicated it would raise a question whether the fireworks supplier would accept the bid and do the show and whether Mendakota Country Club would want to be associated with a show that is significantly different than displayed in the past. He noted Mendakota Country Club may Ayes: 2 (Duggan and Huber) Nays: 1 (Vitelli) Abstain: 2 (Krebsbach and Schneernan) PRELIMINARY 2011 LEVY September 7, 2010 Page 10 decide that based on their brand they would prefer no show rather than a diminished show. Mayor Huber noted the friendly amendment has been declined and called for a vote on the original motion. Mr. Milner thanked the council for its support and advised Mendakota Country Club will be before the council in the spring of 2011 to present upgraded landscaping for the corner of Dodd Road and Highway 110. He stated they will also present plans for a new sign, which may be a challenge in this residentially zoned area. Mayor Huber stated the city has enjoyed a good working relationship with Mendakota Country Club over a lot of years. He noted that many residents and several councilmembers are members and Mendakota Country Club adds to the community. Ms. Schabacker stated the preliminary levy and proposed 2011 budget is before the Council. She said a budget work session was held on August 17, 2010, and the changes discussed were made to the levy and proposed budget. She noted the total general fund budget for 2011 is $6,309,016, which is 2.6% greater than the 2010 budget. The total city budget for 2011 is $10,456,049, which is 0.02% lower than the 2010 budget. The levy for 2011 is $54,000 less than 2010 due, in large part, to the payoff of some park bonds. Last year, the net certified levy was $6,255,533 and in 2011 the preliminary net certified levy is $6,201,620. The proposed levy for 2011 reflects a 0.86% decrease over the final levy for 2010. Ms. Schabacker advised that the city's net tax capacity decreased by 6.62% and the tax rate increased by 5.84 %, resulting in flat amounts for the city's portion of the property taxes from 2010 to 2011. Residential home values decreased about 6% from 2010. She explained the preliminary levy will be certified to Dakota County before September 15 and Dakota County will send out parcel specific tax statements to residents in November that show the change in taxes based on the preliminary levy adopted. The final budget and levy will be considered by the council on December 7, 2010, when public input will be taken. Ms. Schabacker presented the three resolutions under consideration at tonight's meeting. Ayes: 5 Nays: 0 SCHEDULE ELECTION CANVASSING BOARD MEETING Ayes: 5 Nays: 0 PROPERTY MAINTENANCE IN COMMERCIAL ZONES September 7, 2010 Page 11 Councilmember Vitelli moved adoption of Resolution No. 10- 73, "RESOLUTION ADOPTING 2011 PROPOSED BUDGET" and Resolution No. 10 -74, "RESOLUTION APPROVING PROPOSED 2010 LEVY COLLECTIBLE IN 2011" and Resolution No. 10 -75, "RESOLUTION APPROVING FINAL 2010 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE FOR 2011." Councilmember Schneeman seconded the motion. Councilmember Krebsbach stated it was wonderful that the city was able to reduce the actual dollar amount of the levy. She commented that a reduction of only 6% in home values in Dakota County is considered to be doing well in this economy. Mr. McKnight said Councilmember Duggan had asked how much the tax levy would need to be reduced to keep the same tax rate as 2010? He advised the amount is just over $308,000 due to the loss of net tax capacity in the city. Mr. McKnight advised an amendment to the election laws this spring has changed the period during which city election results must be canvassed. The city is now required by state statute to canvass the returns of the city election between the third and tenth day after an election rather than canvassing the results within two days after the election. The council discussed available dates to conduct the election canvassing board meeting. Councilmember Duggan moved to schedule the election canvassing board meeting on November 5, 2010, at 4:30 p.m. Councilmember Schneeman seconded the motion. Mr. Sedlacek stated the council discussed whether to have a property maintenance code for business and industrial properties. The city currently has a property maintenance code for residential properties which carne about because there was a need for proactive action across the community as its housing stock aged. It was noted the property maintenance code was enforced on a complaint basis. Ms. Sedlacek explained that the city does not have a code addressing business and industrial properties but, on occasion, receives a complaint that staff works on with the property owners. He advised there has not been an instance when that September 7, 2010 Page 12 process has not worked for Mendota Heights. However, other communities have taken a different approach and adopted an international property maintenance code that was created by a nonprofit organization and applies to industrial and commercial properties. Mr. Sedlacek stated another common approach is to identify the issues and create a property maintenance code based on common complaints received. He advised that staff is comfortable with the status quo because it is not aware of ongoing maintenance issues with industrial or commercial properties. He requested council direction whether it supported further code regulations. Councilmember Duggan stated support for staff's recommendation to take no action at this time. Councilmember Krebsbach stated support for additional regulations to prohibit using plywood on windows, completion of all four sides of commercial and industrial buildings, property maintenance, and landscaping. She stated the city needs leverage to resolve complaints received on commercial and industrial properties and to protect the investment made by other properties. Councilmember Krebsbach stated she had received a complaint in June about the use of plywood on the Mendota Heights Motel windows. Mr. McKnight stated he and the police chief are working with the owner of the motel. Councilmember Duggan referenced the Title 12 performance standard codes that apply to all districts and would address such as complaint. Councilmember Vitelli stated support for staffs recommendation. Councilmember Schneeman concurred and noted that issues are addressed on a complaint basis. She agreed with Councilmember Krebsbach that no windows should be boarded up, even in residential property. Councilmember Krebsbach stated if there is nothing in the code, it is up to staff to negotiate a resolution. However, if the city has a maintenance code the property owner can be issued a citation. She pointed out that negotiations, when occurring several times, do not build friendships and a violation cannot be cited unless it is restricted in a code. September 7, 2010 Page 13 Councilmember Schneeman stated support for staff's recommendation and if there are more unresolved violations in six months, she may support looking at additional regulations. Mayor Huber stated he is inclined to support staff's recommendation at this time. He agreed the necessary code tools are needed to cite a property violation but it is another action to compel compliance and the city needs the ability to hold discussion with the property owner to work through the issue. Councilmember Krebsbach noted the city does not currently have a code to cite a violation in commercial and industrial districts. Mr. McKnight stated it comes down to the issue of what is the definition of unsightly. Councilmember Duggan suggested the term unsightly be interpreted that property needs to be kept in a workmanship like fashion. Mayor Huber stated he views this as something the city may want to consider but it would be a big policy change. He noted the council took a lengthy period of time to consider the residential property maintenance agreement and determined to enforce it on a complaint basis. He questioned the Likelihood of a commercial or industrial business registering a complaint because they do not want a complaint issued against their own property. Councilmember Vitelli agreed and noted that even though the property maintenance code is on the books, it still involves negotiation due to interpretation. He did not think that having a commercial /industrial maintenance code would eliminate negotiation by staff with the property owner. Councilmember Vitelli stated he has seen several commercial /industrial properties that are unsightly but neighbors are not complaining. He supported making no change until a case comes up that cannot be resolved. Councilmember Krebsbach noted that this type of code will take some time to create. She thanked staff for providing this information and encouraged them to keep an eye on it. COUNCIL COMMENTS Councilmember Duggan wished all a successful school year. Mayor Huber announced that he will not be in attendance at the October 19, 2010 meeting. He asked when is the firemens ADJOURN TO CLOSED SESSION AYES: 5 NAYS: 0 ATTEST: ancy B. : r, Acting City Clerk Prepared by Carla Wirth, Recording Secretary September 7, 2010 Page 14 dance? Mr. Sedlacek stated the annual firemens dance is on Saturday, November 13, 2010, at the Royal Cliff. Councihnember Vitelli stated he had called Howard Paster to extend his congratulations and last Wednesday he attended their construction meeting and complimented the whole construction team on the great job being done at the Mendota Plaza. Councihnember Schneeman said she had been concerned about the back side of the building but found that it looks wonderful. Councilmember Krebsbach wished Happy New Year to the city's Jewish residents. She requested the indulgence of the council to hear comments from Liz Petschel regarding former Airport Relations Commissioner John Roszak. Liz Petschel, Airports Relations Commission (ARC) Chair, stated her appreciation for the opportunity to speak. She commented that John Roszak, who had served on the ARC almost from its inception and was very knowledgeable, is currently having health challenges. She stated Mr. Roszak is much beloved and asked everyone to keep him in their thoughts and prayers. The council thanked Ms. Petschel for her comments. Mr. McKnight announced the brush drop -off for the bonfire is scheduled from October 25, 2010 to October 29, 2010. Mayor Huber adjourned the meeting to closed session to consider teamsters labor negotiations at 8:21 p.m. Present at the closed session were all five city council members, the city administrator, and the city engineer. The closed session adjourned at 8:40 p.m.