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City Council - 09/16/1997 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 16, 1997 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added items XI.A.1. Calls from Staring Lake Residents, and XI.A.2. Staff Position to Develop and Organize Special Events in Eden Prairie. Jullie added items W.U. SET CITY COUNCIL WORKSHOP FOR TUESDAY, SEPTEMBER 30, 7:00 P.M. FOR VISION 2001 PROJECT, IV.V. SET CITY COUNCIL WORKSHOP FOR TUESDAY, OCTOBER 21 AT 6:30 P.M. FOR DISCUSSION OF CONSERVATION EASEMENTS AND COMMUNICATION PROCESS REGARDING DEVELOPMENT PROPOSALS, and VHI.A. PRESENTATION OF CITY'S CREDIT RATING UPGRADE. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the agenda as published and amended. Motion carried 5-0. H. OPEN PODIUM M. MINUTES A. JOINT CITY COUNCIL/SCHOOL BOARD MEETING HELD MONDAY, AUGUST 11, 1997 CITY COUNCIL AGENDA September 16, 1997 Page 2 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the minutes of the Joint City Council/School Board meeting held Monday, August 11, 1997. Motion carried 3-0-2, with Tyra-Lukens and Thorfinnson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2, 1997 Case said page 3, paragraph 5, sentence 1 should be changed to: "...released into the stream and not back into the wetlands." Tyra-Lukens said page 9, paragraph 4 under item XI.A. should be changed to "Tyra-Lukens noted that in the Hennepin County Community Health Annual Report there was an article and picture about the Environmental Health Division's work with the Eden Prairie Community Center pool." Butcher-Younghans said the first partial paragraph on page 13 should be changed to: "...the City subsidizes other sports. Thorfinnson said also operation and maintenance costs." MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve as published and amended the minutes of the City Council meeting held Tuesday, September 2, 1997. Motion carried 5-0. W. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPTION OF RESOLUTION 97-167 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE C. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR THOMAS AND REBECCA DORR, I.C. 95-03 D. ADOPTION OF RESOLUTION 97-168 APPROVING `ENO PARKING" FOR CSAH 4 FROM CSAH 1 TO TERREY PINE DRIVE, I.C. 52-153 E. APPROVAL OF REQUEST FOR ADVANCE ENCUMBERMENT OF MUNICIPAL STATE AID FUNDS F. ADOPTION OF RESOLUTION 97-169 AWARDING CONTRACT FOR TRAFFIC SIGNALS AT TH212 AND FOUNTAIN PLACE INTERSECTION, I.C. 96-5398 G. ADOPTION OF RESOLUTION 97-170 APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT FOR TRAFFIC SIGNALS AT TH212 AND FOUNTAIN PLACE, I.C. 96-5398 H. ADOPTION OF RESOLUTION 97-171 APPROVING FINAL PLAT FOR MOUNT PLAT TWO CITY COUNCIL AGENDA September 16, 1997 Page 3 I. ADOPTION OF RESOLUTION 97-172 APPROVING FINAL PLAT FOR MOUNT PLAT THREE J. ADOPTION OF RESOLUTION 97-173 APPROVING FINAL PLAT FOR BEARPATH 6TH ADDITION K. 2ND READING OF ORDINANCES 38-97, 39-97, 40-97, 41-97, 42-97 AND 43-97 APPROVING HERITAGE SITE DESIGNATIONS FOR THE CUAEW NS-PHIPPS-GRILL HOMESTEAD, LOOKOUT PARK WAYSIDE, PURGATORY CREEK BRIDGE (CREEK KNOLL ROAD), RILEY-JACQUES FARM, FREDRICK-MILLER SPRING AND SMITH-DOUGLAS-MORE HOUSE L. APPROVAL OF LIQUOR STORE- CHANGE ORDER NO. 4 M. APPROVAL OF LIQUOR STORE - CHANGE ORDER NO. 5 N. MOUNTVIEW OFFICE BUILDING aka LAKEVIEW OFFICE BUILDING AT SOUTHWEST CROSSING by Valley View L.L.C. 2nd Reading of Ordinance 44-97 for PUD District Review on 1.57 acres and Rezoning from C-Reg to Office on 1.57 acres, Adopt Resolution 97-174 for Site Plan Review on 1.57 acres and Approval of a Developer's Agreement for Mountview Office Building by Valley View L.L.C. Location: Valley View Road and Prairie Center Drive (Ordinance 44-97 for PUD District Review and Rezoning and Resolution 97-174 for Site Plan Review) O. PRAIRIEVIEW OFFICE BUILDING by Prairieview L.L.C. 2nd Reading of Ordinance 45-97 for PUD District Review on 10.88 acres and Rezoning from Rural to Office on 10.88 acres, Adopt Resolution 97-175 for Site Plan Review on 10.88 acres and Approval of a Developer's Agreement for Prairieview Office Building by Prairieview L.L.C. Location: 7800 Equitable Drive (Ordinance 45-97 for PUD District Review and Rezoning and Resolution 97-175 for Site Plan Review) P. CONTINUE PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM Adopt Resolution 97-176 electing to continue participation in the Local Housing Incentives Account Program (LHIA) under the Metropolitan Livable Communities Act. (Resolution 97-176) Q. SET CITY COUNCIL WORKSHOP FOR TUESDAY, OCTOBER 7, 1997, 6:30 PM, TO DISCUSS EMERGENCY OPERATING PLAN R. APPROVE PERMIT FOR WATERMAIN CROSSING TWIN CITIES AND WESTERN RAILROAD COMPANY RIGHT-OF-WAY, I.C. 5440 CITY COUNCIL AGENDA September 16, 1997 Page 4 S. APPROVE CHANGE ORDER NO. 2 FOR WATER TREATMENT PLANT EXPANSION, I.C. 94-5350 T. 1ST READING OF AN ORDINANCE AMENDING CHAPTER 5 RELATING TO BUSINESS LICENSING, SECTIONS 5.30, 5.33, 5.34, 5 41 5 42 AND 5.43 AND REPEALING SECTION 5 33 SUBD 3 A U. SET CITY COUNCIL WORKSHOP FOR TUESDAY, SEPTEMBER 30, 7:00 P.M. FOR VISION 2001 PROJECT V. SET CITY COUNCIL WORKSHOP FOR TUESDAY, OCTOBER 21, 6:30 P.M., FOR DISCUSSION OF CONSERVATION EASEMENTS AND COMMUNICATION PROCESS REGARDING DEVELOPMENT PROPOSALS MOTION: Thorfinnson moved, seconded by Case, to approve items A-V on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. PRAIRIE,LAKES CORPORATE CENTER PHASE 2 by United Properties. Request for Planned Unit Development Concept Review on 13.07 acres, Planned Unit Development District Review on 13.07 acres, Zoning District Amendment in the Office Zoning District on 13.07 acres and Site Plan Review on 13.07 acres. Location: Prairie Lakes Drive. (Resolution 97-177 for PUD Concept Review) Jullie said the official notice of this Public Hearing was published on September 4, 1997 in the Eden Prairie News and mailed to 37 property owners within the affected area. Brian Carey, Vice President of Development for United Properties, and Greg Bennett, architect, reviewed the proposal. They requested an early grading and foundation permit if the project receives Council approval this evening. Enger said the site is currently guided and zoned office according to a plan approved in 1978. The approved plan is a 80 foot tall, 200,000 square foot office building. The existing building is 80 feet tall and 137,400 square feet. United Properties wants to build a second office building of 72,000 square feet. The building proposed is 51 feet tall. Enger said the Planning Commission voted 6-0 to approve this project at its August 25, 1997 meeting, subject to additional landscaping on the north side of the proposed building and along the south property line of the existing building. He reviewed the waivers for building height and impervious surface. The Parks, Recreation&Natural Resources Commission did not review this item. CITY COUNCIL AGENDA September 16, 1997 Page 5 There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing. Motion carried 5-0. MOTION: Case moved, seconded by Tyra-Lukens, to approve 1st Reading of the Ordinance for PUD District Review on 13.07 acres and Zoning District Amendment in the Office Zoning District on 13.07 acres; to adopt Resolution 97-177 for PUD Concept Review on 13.07 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. MOTION: Case moved, seconded by Thorfinnson, to approve proponent's request for early grading and foundation construction, at proponent's own risk. Motion carried 5-0. B. GE CAPITAL/GE CAPITAL FLEET SERVICES by Northco. Request for Planned Unit Development Concept Review on 60.29 acres, Planned Unit Development District Review on 60.29 acres, Zoning District Amendment in the Office Zoning District on 60.29 acres, Site Plan Review on 60.29 acres and Preliminary Plat on 42.31 acres. Location: West 78th Street. (Resolution 97-178 for PUD Concept Review and Resolution 97-179 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on September 4, 1997 in the Eden Prairie News and mailed to 12 property owners within the affected area. Dennis Zilla, representing Northco, reviewed the proposal. He said they would like to request an early grading and foundation permit if the project is approved tonight. Enger said the site is currently guided and zoned office according to a plan approved in 1978. That plan included future development of 360,000 square feet in 3 buildings and 3 multi-level parking decks. Building A, 150,000 square feet, is proposed to be constructed this fall. Building B and C are future buildings. Enger said the Planning Commission voted 6-0 to approve this project at its August 25, 1997 meeting, subject to the recommendations of the Staff Report of August 22, 1997, and additional landscaping along Anderson Lakes. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the project on September 15, 1997, and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of August 22, 1997, and construction of a trail along the right-of-way on West 78th. CITY COUNCIL AGENDA September 16, 1997 Page 6 Case asked about the language in the 1978 plan concerning the shoreland setback and the dedicated land. Lambert said in the original PUD the Gelco property dedicated 12 acres of land that was transferred from the City to Hennepin County. Case asked if that was only the land on the point, not the shoreland. Lambert said that was correct. Enger noted there was a nature conservancy established along Anderson Lakes, and custom setbacks were setup based on the lay of the land in 1973. Case asked if there was any understanding of what would go on between the Blacklock line and the shoreline. Enger said nothing would go on in that area. Case asked if it would be good to specify the use of carsonite markers for the easement. Lambert said the 12 acres are dedicated, and it is important to use the markers when there is a potential for encroachment. Since this is an office site, it may not be necessary to have the markers because there will be designated trails for use by the employees; however, he said markers might make others who are not aware of the restrictions more aware of it. Case thought we might want to request use of the markers in order to set a precedent. Zilla noted the Planning Commission recommended landscape islands which resulted in a reduction in the impervious surface to 35.2%. He said it is their understanding that they had satisfied the park dedication requirement with the land they dedicated originally. Lambert said Staff reviewed the cash park fees information and determined they are not required to pay cash park fees on that part of the site within the original Preserve PUD; however, there is no indication they are relieved of cash park fees on the other portion of the site. Staff will continue to research this issue. Bruce Adams, representing Lifetouch, expressed concern about traffic issues and asked if any traffic studies had been done. Enger said there was a complete traffic study done when it was originally approved, and we have evaluated against that study. He said we do have traffic problems that are work-trip related, and we will need the cooperation of corporations in town to resolve those problems. Harris said the Council is examining various options for transportation and is very sensitive to the issues of traffic. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 60.29 acres and Zoning District Amendment in the Office Zoning District on 60.29 acres; to adopt Resolution 97-178 for PUD Concept Review on 60.29 acres; to adopt Resolution 97-179 for Preliminary Plat on 42.31 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. CITY COUNCIL AGENDA September 16, 1997 Page 7 MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve proponent's request for early grading and foundation construction, at the proponent's own risk. Motion carried 5-0. Harris said she assumed we will have worked out the issue of cash park fees prior to 2nd Reading. Lambert said that was true. C. THE PINES -JULY 1997 by Lunski Construction and Design. Request for PUD Concept Review on 5.81 acres, PUD District Review on 5.81 acres, Zoning District Change from Rural to R1-13.5 on 5.81 acres and Preliminary Plat on 5.81 acres into 14 single family lots and one outlot. Location: County Road 18 Frontage Road and Bluff Road. (Resolution 97-180 for PUD Concept Review and Resolution 97-181 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on September 4, 1997 in the Eden Prairie News and mailed to 69 property owners within the affected area. After several revisions to the proposal, a 14-lot, single-family plan was reviewed meeting the recommendations of the Planning Commission, including the current site plan, reducing tree loss to approximately 30%, and maintaining large areas of natural buffering from Bluff Road and Highway 169. Perry Ryan, Ryan Engineering, reviewed the proposal.. He requested an early grading permit if the project is approved tonight, and also asked if they could be put on the Agenda for the next Council meeting for 2nd Reading. Enger said the Planning Commission voted 6-0 to approve this project at its August 25, 1997 meeting, subject to the recommendations of the Staff Report of August 22, 1997. He reviewed the waivers required for the project, noting they may help create a project that would be more environmentally sensitive to the site. He said the plans have been revised per the recommendations of the August 22nd Staff Report. Lambert said the Parks Commission reviewed the proposal at their September 15, 1997, meeting, and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of August 22, 1997, and subject to the condition that the conservation easements be marked with posts, that the conservation easement remain a minimum of 25 feet beyond the building pad, and that placing of structures, grading or cutting of established trees in the conservation easement be prohibited. There were no comments from the audience. Tyra-Lukens asked for an explanation of Variance B. Enger said most of the variances were brought about by one ordinance that single-family homes must be on a public street. A discussion followed regarding the lots included in Variance B. CITY COUNCIL AGENDA September 16, 1997 Page 8 Case asked who will hold and maintain the conservation easement. Lambert said it will be the Homeowners Association. Case noted it is less confusing to keep the lines straight when setting up easements. Tyra-Lukens asked if, in cases where there is a private road and a Homeowners Association involved, it is formalized that a lien can be put on the property if dues are not paid for maintenance and plowing. Lambert said it is. MOTION: Butcher-Younghans moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 5.81 acres and Zoning District Change from Rural to R1-13.5 on 5.81 acres; to adopt Resolution 97-180 for PUD Concept Review on 5.81 acres; to adopt Resolution 97-181 for Preliminary Plat on 5.81 acres into 14 single family lots and one outlot; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. MOTION: Butcher-Younghans moved, seconded by Case, to approve proponent's request for early grading, at proponent's own risk. Motion carried 5-0. Harris asked if there will be any difficulty with scheduling a 2nd Reading for the next meeting. Enger said we will do that if it is possible, but we need to look at the schedule first. D. WASHBURN McCREAVY FUNERAL CHAPEL by Washburn McReavy Funeral Chapel. Request for Planned Unit Development Concept Review on 7.51 acres, Planned Unit Development District Review on 7.51 acres, Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres, Site Plan Review on 7.51 acres and Preliminary Plat of 7.51 acres. Location: East on Mitchell Road, east of Martin Drive. (Resolution 97-182 for PUD Concept Review and Resolution 97-183 for Preliminary Plat) Jullie said the official notice of this Public Hearing was published on September 4, 1997 in the Eden Prairie News and mailed to 90 property owners within the affected area. The site is currently guided and zoned Community Commercial and the site plan shows an 11,727 square foot building. The plan meets the base area and floor area requirements. The building meets the setback requirements of the Community Commercial Zoning District. The amount of parking required is 70 spaces and this plan meets those requirements. William McCreavy, proponent, reviewed the plan. Butcher-Younghans asked what will be on the second floor of the building. McCreavy said the entryway will be two stories high and there will be a casket area on the second floor. Butcher-Younghans then asked if the parking required is 70 spaces. McCreavy said they have 91 spaces. CITY COUNCIL AGENDA September 16, 1997 Page 9 Enger said the Planning Commission reviewed this project at its August 25, 1997 meeting and voted to approve the project on a 3-0-3 vote, subject to the recommendations of the Staff Report of August 22, 1997. The main issue discussed was whether the city could sustain, from an economic standpoint, another funeral chapel. He read extracts of a letter from City Attorney Pauly stating that it is not within the prerogative of the City to make a decision purely on economic considerations. He noted this was not reviewed by the Parks Commission. Paul Huber, 13694 Glory Lane, said they built Eden Prairie's first funeral home in 1994. The community is very young so the mortality rate is very low. Approval of this project would mean the City now has three funeral homes in a space of three years. He thought there will be problems getting across Highway 5, and property values in the area near the home may be adversely affected. Michael D. Schwarz, P.A., representing Mr. Huber, distributed a letter dated September 6, 1997, outlining legal arguments with respect to the Washburn McCreavy proposal. The letter also included the agenda of the Eden Prairie Planning Commission for Monday, August 25, 1997, a copy of the Staff Report dated August 22, 1997, regarding the Washburn McCreavy Chapel, and a copy of the minutes of the Planning Commission meeting of August 25, 1997. He believed it is not economically possible for three funeral homes to co-exist in Eden Prairie. He said we are not compelled to approve a project that is not in the best interest of the City. He thought consideration had not been given to the effect on traffic on Highway 5. He cited several cases that supported his arguments and noted the Planning Commission was not given accurate information. Enger disagreed the Planning Commission had been given inaccurate information because commercial is one of the land uses in the Comprehensive Guide Plan and funeral homes are a commercial use. The zoning had to be amended for the Huber and Albinson cases because they were not in a commercial use zone. Case asked Pauly for clarification of the concept of whether premature development is a rational basis for denial. Pauly said he hasn't read that particular case and would need to look at it, but he would address the situation in general. He said there is no case cited that has reversed the holding of the U.S. Metro case. There is no requirement for revision of the Comprehensive Guide Plan to accommodate this rezoning. There is no inconsistency between the current zoning and use of the property for a funeral home. Butcher-Younghans asked Pauly to clarify the concept of community commercial. Pauly said the community commercial district is very broadly drawn. It does not specify that funeral homes are not permitted, and courts have CITY COUNCIL AGENDA September 16, 1997 Page 10 regularly stated where a code provision or ordinance is not clear as to uses permitted, it will generally be construed against a conservative construction of the provision. Harris said she would like to know what the numbers presented mean, as the City is a part of a much larger area. McCreavy said there were 156 deaths in Eden Prairie in 1995. Harris then asked what percentage of services are conducted away from the funeral home today, as she was concerned about processions going somewhere on Highway 5. McCreavy said he understood that Highway 5 will go under Mitchell Road. He noted many of their customers opt not to have a procession. Harris asked what the possibility of converting any of the three structures would be, given their location and structure. Enger said it would seem these would have potential reuse as office or small medical facilities. Case felt Eden Prairie does not need three funeral chapels at this time. He was concerned about limitations on the Council and whether we have any play in the area of economics. Pauly said in his opinion, cities do not have that discretion, based on the Metro 500 decision; however, historic preservation is something else. Tyra-Lukens noted there is little material regarding the proponent being short 22 caliper inches for landscaping, and asked whether the plan submitted includes the extra 22 inches. Mark Folk, project architect, said there will be two trees added to the plan. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Review on 7.51 acres and Zoning District Amendment in the Community Commercial Zoning District on 7.51 acres; to adopt Resolution 97-182 for PUD Concept Review on 7.51 acres; to adopt Resolution 97-183 for Preliminary Plat on 7.51 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. Folk then requested an early grading and foundation construction permit. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve proponent's request for early grading and foundation construction, at proponent's own risk. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." CITY COUNCIL AGENDA September 16, 1997 Page 11 VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. PRESENTATION OF CITY'S CREDIT RATING UPGRADE. Jullie introduced Dave MacGillvray, from Springstad Financial Consultants. Mr. MacGillvray presented a plaque showing the increased credit rating to the City. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Calls from Staring Lake Residents Case said he has had calls from residents around Staring Lake about aircraft engine testing from 11:00 to 12:00 p.m. He asked Staff to bring back information on whether they are doing testing at that time, and what we can do about it if they are. 2. Staff Position to Develop and Organize Special Events in Eden Prairie. Case said we have a half-time staff position that runs some of our special events and he was wondering if it isn't time to pursue a full-time position, perhaps without taking from the current budget. This would establish consistency. He asked Staff to return with some ideas about this. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES 1. CITY AND SCHOOL FACILITY USE ADVISORY COMMITTEE RECOMMENDED CHANGES TO THE CITY FACILITY USE POLICIES FOR USE BY THE SCHOOL DISTRICT Laurie Helling, Manager of Recreation Services, presented the recommendations of the City and School Facility Use Advisory CITY COUNCIL AGENDA September 16, 1997 Page 12 Committee. She said the Committee has met for a year and are now presenting their recommendations to the City and the School Board. She reviewed the recommendations. MOTION: Tyra-Lukens moved, seconded by Thorfmnson, to approve the City and School Facility Use Advisory Committee proposed changes to the City Facility Use Policies for use by the School District as per the Staff Agenda Report of September 9, 1997. Motion carried 5-0. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 9:25 p.m.