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09-21-2020 Regular CCMMeeting of the Elk River City Council ver Held at the Elk River City Hall Monday, September 21, 2020 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Chief of Police Ron Nierenhausen, Public Works Director Justin Femrite, Economic Development Director Amanda Othoudt, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Stormwater Coordinator Brandon Wisner, Environmental Technician Amanda Erickson, City Attorney Peter Beck, and Deputy Clerk Jessica Miller I . Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz moved item 6.1 Volunteer of the Month to the beginning of the meeting. Moved by Councilmember Christianson and seconded by Councilmember Wagner to approve the agenda. Motion carried 5-0. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the September Volunteer of the Month award to Greg Artman. He highlighted the following: ■ Post adjutant for Elk River American Legion. ■ Board Member for the Elk River American Legion. ■ Board of Director's Secretary for the Elk River American Legion. ■ Road Captain, Assistant Director and pancake breakfast volunteer for Elk River Legion Riders. ■ Squad commander for the Elk River Legion Rifle Squad. ■ Volunteer for Friday Night Elk River Legion Fish Dinners and Monday Night burger nights. City Council Minutes Page 2 September 21, 2020 ■ Received Legion Commander's Award in 2020. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 September 8, 2020, regular minutes. 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Accept public improvement for Miske Meadows 4`' and 5`' additions. 4.5 Rehire Accountant Kim Doglio effective October 5, 2020, as outlined in the staff report. 4.6 Exclusive listing agreement for activity center property at 413 Proctor Avenue. 4.7 iBackcheck Leasehold Agreement. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 7.1 Lot Size Variance: Eric Toth, 12824 Orono Road Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Attorney Beck noted if the lot on the corner is platted, the small portion of the vacant lot could be added to the plat which would solve the problem. Mayor Dietz questioned if it would be legally binding to include language about the lot not being buildable on the deed. Attorney Beck indicated in theory it would be but cautioned it would be a standalone lot and the restriction would only apply to that lot. He noted if the Council wishes to do it this way, he recommends bringing back a resolution outlining restrictions. He added by state law, covenants are only good for 30 years. Councilmember Westgaard stated the city should be careful about creating smaller, buildable lots and questioned if there is a way to replat the small lot and call it an outlot to keep it from being buildable. Mr. Leeseberg indicated platting the outlot would require the same platting process as platting Mr. Stritesky's lot. Councilmember Wagner indicated she would like to find a way to make this work but doesn't want to end up in a pickle in the future. She is concerned with the city P 0 V I R E I I NATURE City Council Minutes September 21, 2020 Page 3 { _ approving the attachment of the smaller lot to an unplatted lot. She noted if the lot remains vacant both property owners are benefiting but it still wouldn't be the correct process. Mr. Leeseberg explained a portion of the lot would be absorbed into Mr. Toth's lot but cannot be absorbed into Mr. Stritesky's lot because his lot is unplatted. He noted staff could entertain making the vacant lot smaller so it wouldn't be buildable without a variance. Attorney Beck believes making the lot smaller and unbuildable would have marginal impact in the future as he believes a judge would look at it and rule a variance isn't necessary because the city allowed creation of the lot. Councilmember Ovall indicated he is in favor of going through the proper process and platting the corner lot. He noted the two property owners could work out a cost structure to get it done. Councilmember Wagner concurred. Moved by Councilmember Wagner and seconded by Councilmember Ovall to deny the lot size variance request by Eric Toth, 12824 Orono Road, with the following conditions: 1. The general purpose and intent of the ordinance are not met. 2. The proposed use is not reasonable and is not permitted in the zoning ordinance. 3. The plight of the petitioner is due to circumstances not unique to the property and are a consequence of the petitioner's own action or inaction. 4. The variance could alter the essential character of the locality Motion failed 2-3. Mayor Dietz, Councilmembers Christianson, and Councilmember Westgaard opposed. Moved by Councilmember Westgaard and seconded by Councimember Christianson to direct staff to draft a resolution of approval with the condition the applicant agrees to record the deed restrictions and covenants against the property making the lot unbuildable. Motion carried 3-2. Councilmembers Wagner and Ovall opposed. Mayor Dietz questioned if the city could require a condition that the property must be platted when sold. Attorney Beck indicated he did not think so, but he will research and report back. 7.2 Conditional Use Permit: Operate Tap Room/Continue Brewery Operations, Aegir Brewing, 19050 Industrial Blvd Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to October 5, 2020. P 0 W E R 1 0 RY F4AIU�?E City Council Minutes Page 4 September 21, 2020 Moved by Councilmember Ovall and seconded by Councilmember Christianson to continue the public hearing to October 5, 2020. Motion carried 5-0. 7.3 Lot Split Subdivision: Cletus Weatherly, 19780 Victoria Street Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Ovall to approve the lot split request by Cletus Weatherly for parcel 75-580- 0430, with the following conditions: 1. Park dedication shall be paid for one (1) dwelling unit at the rate applicable when the subdivision is released for recording. 2. The wetland delineation needs to be approved and incorporated into the plat prior to releasing for recording. Motion carried 5-0. 7.4 Modification of Tax Increment Financing Plan for TIF District #24 Ms. Othoudt presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Ovall and seconded by Councilmember Wagner to adopt resolution 20-25 approving the modification to the tax increment financing plan. Motion carried 5-0. 8.1 Public Safety Building Expansion and Fire Station 3 Plans, Estimated Budget, and Construction Management Agreement Mr. Wisner presented the staff report. Bruce Schwarnman, Architect, BKV Group, indicated the intent is to bid for fire station 3 in December. Mayor Dietz asked if there was an advantage to bidding both projects at the same time. Ben Newlin, Estimator with Terra Construction, explained he believes the best approach is to bid them separately as they are two different sites and would work best with two separate superintendents preventing competition over site priority. He added it is advantageous to bid the public safety facility now as contractors are hungry for work. PaIESE1 sr INAruR� City Council Minutes Page 5 September 21, 2020 3 Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the plans and specifications or the Public Safety Building expansion. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to execute contract 2020-28 with Terra Construction Inc. for construction management services. Motion carried 5-0. Moved by Councilmember Christianson and seconded by Councilmember Wagner to authorize for public bids on the Public Safety Building expansion. Motion carried 5-0. Mr. Wisner indicated staff will come back on October 19 with a solid project budget. 8.2 Set Budget Meeting Date and Adopt Preliminary 2021 Tax Levy Ms. Ziemer presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Ovall to set the budget meeting for 6:30 p.m. December 7, 2020, to receive public comment. Motion carried 5-0. Council noted this is approving the maximum tax levy and their intent is to continue to refine the budget until formal approval in December. Moved by Councilmember Wagner and seconded by Councilmember Ovall to adopt resolution 20-58 authorizing the preliminary property tax levy for collection in 2021. Motion carried 5-0. 8.3 EDA and HRA 2021 Budget and Tax Levy Ms. Othoudt presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt resolution 20-59 authorizing the preliminary Economic Development Authority 2021 tax levy. Motion carried 5-0. Moved by Councilmember Ovall and seconded by Councilmember Wagner to adopt resolution 20-60 authorizing the preliminary Housing and Redevelopment Authority 2021 tax levy. Motion carried 5-0. Council recessed at 6:54 to go in to work session. The meeting reconvened at 6:59 p.m. 9.1 Code Enforcement Action: 19157 Troy Street P 0 0 1 R E I R 1 NATUR€ City Council Minutes September 21, 2020 Page 6 Mr. Carlton presented the staff report. He explained the property owners would like a variance on the ordinance limiting fabric sided sheds but have indicated the $275 variance fee is cost prohibitive. The property owners would like the Council to waive the fees due to financial hardship and if that will not work, the property owners are requesting an extension until November 30 to have the property cleaned up. Mayor Dietz indicated he believes waiving the variance fee sets a bad precedent and he would prefer to grant the extension until November 30 to clean up the property. Councilmember Westgaard stated he concurs believing it's a more permanent solution. Councilmember Ovall questioned next steps if the property owner is granted the extension and the property is not cleaned up. Mr. Carlton indicated if the Council grants an extension to November 30 and the property owner has not sufficiently cleaned up the property, enforcement action will pick up where it left off. Councilmember Ovall questioned the process for the city assessing the cleanup. Mr. Carlton stated it is a much longer process than granting the extension. Councilmember Christianson shared concerns over the property owner not completing the clean-up by November 30. He questioned if the city could continue to work with the property owners if progress is being made. Mr. Carlton stated staff will update the Council a couple weeks before the deadline. Attorney Beck explained the city recently attempted to enter into an agreement with property owners on Tipton over a similar situation. The agreement allowed the city to clean the property up and assess the property owners without further enforcement actions if the property wasn't cleaned up by the deadline. He indicated a similar agreement may be appropriate in this case and the owners may be agreeable if it allows them additional time to clean the property. Council consensus was for Mr. Carlton to discuss an agreement with the property owners for the property to be cleaned up by November 30 or the city will clean it up and assess the property. 9.2 Viking Boulevard Duplex Mr. Carlton presented the staff report. Mayor Dietz questioned the maximum time allowed for an Interim Use Permit. Mr. Carlton explained there is not a maximum timeframe; however, most are approved for three to five years. Councilmember Westgaard indicated it appears through all the dialogue back and forth no one from the city every asked if the property was a rental property. � 0 9 E e E I B I 4ii: City Council Minutes September 21, 2020 Page 7 Councilmember Wagner questioned if the Council could define the property as legal, non -confirming. Attorney Beck cautioned against spot zoning and he is not sure the Council has authority to identify the property as legal, non -confirming because in order to qualify as legal, non -conforming, the use must have been legal when it was established which there is no evidence of. Attorney Beck indicated the city could have the Interim Use Permit expire in a set amount of years or upon an event, such as sale of the property. He noted the Interim Use Permit also expires if the use for which it was approved ceases to exist for six months. Michelle Demars, 9754 Viking Blvd indicated she is not interested in an Interim Use Permit unless it goes until sale of the property. She questioned if they would have to convert the property back to single-family before it is sold. Mr. Carlton indicated there is no such requirement. Council indicated this is the best option and urged the property owners to think about it. The Council directed Mr. Carlton to meet with the property owners to make sure they understand the Interim Use Permit and what it allows. 9.3 LORE Project Budget Ms. Erickson presented the staff report. Mayor Dietz indicated total project costs at this time are $2,367,000 and he would like to pay for the project with the $1.5 from the state and the $1 million from Active Elk River. He stated he believes the $2.5 million is enough to pay for the project and does not see the need to assess property owners. Councilmember Westgaard questioned if the remaining $133,000 should be left as contingency or if the scope of the project should be increased to the $2.5 million Mayor Dietz questioned if all costs are in as he does not want to add to the scope and cost overrun. Mr. Wisner indicated staff cannot guarantee there will not be a change order. He explained soft costs were built in to the $3.25 million budget but not included in the current $2.1 million project bid. Mr. Wisner indicated staff will have a better idea in December or January if there will be additional costs and recommended getting the OLID Board and property owners involved to prioritize what areas of the lake they would like to include in the project if budget allows. Mayor Dietz questioned if formal action needs to be taken to stop the MS 429 assessment project. Attorney Beck indicated that is not a decision the Council needs to make this evening. He added it would be advantageous to leave the process in place until the project gets closer. Mayor Dietz believes Attorney Beck should begin the process of terminating the assessment process. Ep0ME8E1 81 NATURE City Council Minutes Page 8 September 21, 2020 Councilmember Ovall stated he would be interested to hear if property owners would be in favor of the assessment if they got more of a project. Councilmember Westgaard questioned if the amount that can be dredged is capped. Mr. Wisner indicated it is by permit. Councilmember Westgaard would like to gather pricing for what it would cost for maximum dredging allowed and if the OLID wants to move forward with the assessment if the maximum dredging can be completed. Councilmember Wagner indicated she would be interested in this option as well. Chris Rock, OLID Vice President, 18665 Lander Street NW, indicated the consensus he is hearing from lake property owners is the project has come so far it would be a shame not to maximize the amount of sedimentation and assess only the amount necessary to complete the project. He suggested saving some of the funding to maintain the catch basin, so no further assessment is necessary in the future. Attorney Beck indicated reserving funding is problematic for an assessment as the specific project must be defined. Council consensus was for staff to explore costs to remove an additional 15,000 cubic yards of sedimentation to bring it to the maximum allowed by permit and to figure out the amount of assessment that would be required. Ms. Erickson noted there may be additional costs if a Blanding turtle is located but we should know that by December. Mayor Dietz asked the OLID Board to inform the property owners the City Council would like to dredge the maximum allowed by permit and adjust the assessment as necessary while keeping it as low as possible. 9.4 Modern Construction Downtown Development Concept Ms. Othoudt presented the staff report. She explained Mr. Hartung is requesting feedback on four items: Incentives — does the Council agree in principle to the incentives with final decision and dollar amounts based on 3`a party ROI determination. Parking — does the Council accept quantities proposed as a worst -case minimum, with an understanding that additional improvements may be possible. Traffic and streets — is the Council willing to consider alternate street and traffic flows downtown if studies indicate improvements are possible. Timeline — a commitment the city will work as fast as Mr. Hartung can get the documents and paperwork submitted for review and approval. P a■ E R E a B Y NATURE City Council Minutes Page 9 September 21, 2020 Mayor Dietz questioned what public improvements are proposed and the approximate value of each. Jesse Hartung, Modern Construction, stated the total combined public improvements are in excess of $5 million. He explained the largest cost will be the public parking ramp and associated improvements ($2.5 million), second story park ($500,000 - $1 million), greenway with a public sidewalk and improvements to Highway 10 ($1 million), public lobby ($1 million). Mr. Hartung stated the goal is for these areas to be privately held but be available for public use outlined in a development agreement. He questioned if the Council is comfortable with a 45% increase in public parking spaces. Councilmember Ovall questioned how this would work with areas being public spaces without city control. Mr. Hartung indicated he is proposing public areas be outlined in the development agreement. Attorney Back outlined several options including an easement, incorporating into the development agreement, or by deed. He explained the development agreement would be recorded and continue to perpetuity. Mr. Hartung stated he is open to working with city staff on a public/private partnership that makes sense. He added one caveat is he would like to include a clause allowing him to take back ownership if down the line it is found the public r parking capacity is excessive. ` Mayor Dietz questioned estimated SAC and WAC fees, park dedication, and building permit fees would be on the proposed project. Mr. Carlton explained it is difficult to estimate based on a shell because fees vary by use. He stated he asked the building official to estimate based on shell of what is proposed today, and the estimated SAC/WAC fees would be approximately $1.2 million. He noted it will change based on the uses. He stated the park dedication fees are more open-ended and would require City Council discussion. He indicated building permit fees on a $35 million building would be about $217,000 for a fee total of approximately $1.5 million. Mayor Dietz indicated a city swap like this is setting a dangerous precedent and has never been done. He explained the city uses the SAC and WAC fees to pay for bonds for sewer and water projects. He added the park dedication item would have to be discussed by the Parks and Recreation Commission to see if they want to accept as park dedication or if they want the cash. He added many businesses have come through the city and paid the fees so it would be difficult to do it for this project. Mr. Hartung explained he believes if a developer comes to the city offering $5 million in improvements it warrants waiving $1.5 million in fees for the developer. Councilmember Christianson questioned if a project like this has been done. Mr. Hartung explained his inspiration is the West End in St. Louis Park, but he doesn't believe any project exactly like this one exists in the state. Attorney Beck stated there P 0 1 1 R 1 0 8 Y NATURE City Council Minutes September 21, 2020 Page 10 may be a similar project in Shakopee. He suggested checking with Baker Tilly as they would be familiar with projects using public/private partnerships. Mr. Hartung noted the city's Comprehensive Plan specifically calls out allowing public/private partnerships in the city and he believes this is a great one -of -a -kind project. He added he has had overwhelming support for the project. Councilmember Ovall stated he loves the concept and does not have a problem with trading incentives after hearing from Attorney Beck that there is a way to make the public/private partnership work. He added the one thing that stands out is over the course of a year the Council did not hear overwhelming support from the people most affected by the project. Mr. Hartung indicated he is bummed more public has not contacted the Council with support, but he has the support and can bring support to the Council if they wish. Attorney Beck indicated there is some precedent for the city participating in public/private partnerships including Jackson Square and Granite Shores but not to this level. Councilmember Wagner thanked Mr. Hartung for his work. She said she has spoken to many downtown businesses and they think it is a cool project but feel there are many unanswered questions. She added she believes it is especially important to have public input on this project noting she needs more input from the community before she would be comfortable deciding. She also expressed concerns with the uncertainty of the Highway 10 future project and constructing a redevelopment of this size during that uncertainty. She added she may be open to a public/private partnership. Mr. Hartung explained he is not asking the city to put a rubber stamp on the project. He has additional steps he needs to take that come with fees including traffic studies and site drilling. He stated his goal is to get some type of framework from the Council so he can complete the next steps before he presents this to the public. Councilmember Christianson indicated he would be open to a public/private partnership as he believes the project has the potential to be the right project for the downtown. He shares concerns about public input and believes there needs to be public input and education. Councilmember Westgaatd stated he believes many questions need to be answered before the Council agrees to a partnership as there are developer obligation items outlined in the development agreement that have not been addressed. He noted the Council has not seen evidence of project support and it would have been appropriate for Mr. Hartung to bring support to the Council. He explained the Council has had a lot of information thrown at them in a short amount of time and asked to decide when Mr. Hartung has had 11 months to work on this. He noted he is not opposed to a public/private partnership, but he needs more time to review and decide to what extent. He stated parking would have to be at least the amount currently in place for PaVIREE Ir NATURE City Council Minutes September 21, 2020 Page 11 the public. He also had concerns about the proposed construction schedule of the parking ramp as he doesn't believe it's feasible. Mr. Hartung stated he did not think it was responsible to fill the room for a Council meeting due to COVID but said he could have. He explained he believes the project meets the spirit of the development agreement and he is only asking for support to take the project to the next level before getting public comment. Councilmember Westgaard indicated the businesses could provide letters of support to the Council. He stated he is willing to continue discussion but wants more community engagement from residents and businesses. He would like to know in more detail how the businesses downtown will be accommodated during construction as most small businesses could not survive an 18-month construction disruption. Mr. Hartung indicated his goal would be to have parking available while the ramp is being constructed and would work with nearby businesses to designate parking spots during construction. He indicated he would be willing to extend the development agreement to answer his questions on incentives, parking, traffic and timeline and possibly holding a public hearing prior to bringing the plan back in February for the Council to act on. Councilmember Westgaard stated Mr. Hartung asked for an exclusive agreement last October for four months and it is now a year later. He noted the exclusive agreement cannot go on forever. Mr. Hartung indicated he is simply hoping to extend the exclusivity long enough to tackle the four issues discussed earlier. Mayor Dietz explained typically developers present information to staff prior to coming before Council as staff will review and make recommendations. He stated it is difficult for the Council to make decisions without having all the information and staff recommendations. He expressed concerns with making Jackson one-way. Councilmember Wagner indicated she has received comments about Jackson becoming one-way and about allowing Mr. Hartung exclusive rights. She believes both should be discussed at some point. She explained she is not trying to stop Mr. Hartung's project and questioned if the Council should take the first project presented to them or if it is worth having a conversation about allowing others a chance to submit proposals. Mr. Hartung indicated he does not have a problem if the city wants to seek other bids. He is asking the Council to decide on whether they wish to continue discussions on his proposal adding he is open to suggestions. Councihnember Ovall indicated a few things that stand out to him are the timeline, support, and feasibility of both. What he's heard from the Council is they are open to exploring incentives in concept but not sure what those numbers will look like, P 0 V E R E I R1 NA TURD City Council Minutes September 21, 2020 Page 12 they like the increase in parking, and are open to traffic changes but need a better timeline and to gauge project support. Mayor Dietz questioned how many parking stalls would be required for this project. Mr. Carlton indicated based on the last information provided by Mr. Hartung, 533 parking stalls would be required including 367 new and 166 to accommodate the King Avenue spots potentially being lost to this project. Mayor Dietz indicated he would want to see at least 166 stalls designated just for the downtown businesses and questioned how Mr. Hartung intends to meet those needs. Mr. Hartung explained he plans to provide 70% for his building and the over 200 stalls left over will be for public parking. He noted his figures include a slightly lower amount of public parking spots to be replaced and a lower amount of commercial space. He added staff may be counting the bank's parking which they allow for public parking. Mr. Carlton noted he included all parking that will potentially be removed, including public and privately owned. Mr. Hartung indicated he plans to set a record with the amount of parking provided. He added Granite Shores is at 60% parking and they have extra stalls to rent out. He noted he would like to know if he can provide a minimum of 45% increase in public parking if the Council is good with that. Mayor Dietz indicated he would like the public works director to conduct a parking analysis. Mayor Dietz questioned why Mr. Hartung is proposing a one-way on Jackson. He expressed concern with people not coming downtown if we make it too difficult for them to get there. He also expressed concern with businesses downtown closing due to the construction. Mr. Hartung explained he believes downtown already has traffic and parking issues that prohibit people from going downtown and by making Jackson a one-way it will stop cut through traffic and allow for additional parking. He added his project will fail if downtown fails. Councilmember Wagner stated she is on board with making Jackson a one-way as she has experienced many near misses at Highway 10 and Jackson. Councilmember Ovall believes if Mr. Hartung had a traffic study it would create feasibility and could drum up support for the project by communicating to businesses and the Council the feasibility of the project. He noted this is part of an investment to sell the vision of the development. He is open to the concept but believes more of the core concept needs to be addressed before a decision is made. Mr. Hartung explained he wants to complete next steps but wanted to see if the Council has a willingness to continue with the project prior to spending additional money. Councilmember Westgaard encouraged Mr. Hartung to spend some time responding to the developer obligation items outlined in the development agreement as he believes it would answer many of the questions. He stated he is not interested in going out for bids to solicit projects but if another developer were to come forward, he would want the flexibility to give them an opportunity. He is still interested in 0 1 E 0 E I 6 1 NATURE u City Council Minutes September 21, 2020 Page 13 continuing discussions with Modern Construction, but he is not sure if Modern Construction needs exclusive development rights in order to continue discussion. Deborah Leedahl, owner Kemper Drug, appreciates the Mayor's comments about the project being detrimental to downtown but would like to consider what this project could do for downtown in the positive. She noted she worries daily about her business closing because people do not come downtown. She believes Mr. Hartung's project would be positive for the downtown and does not want to lose the opportunity from the Council dragging their feet. Councilmember Wagner indicated she believes the Council is willing to work with Mr. Hartung and wiling to entertain a public/private partnership but there are still some questions that need to be answered before an amount can be worked out. Mr. Hartung suggested extending the development agreement three months allowing him time to work with staff and bring back to the Council. He noted he's not planning on committing resources to traffic studies or core drilling and involving engineers until he has another discussion with the Council. Councilmember Wagner stated she has no issue extending the development agreement three months but does want the Council to discuss opening up the redevelopment. She noted she is not saying she's in favor of opening it up but believes it's the Council's responsibility to the businesses and residents to at least have the discussion. She would also like to have one or two public comment periods during the extension, possibly one in person and one online. Council consensus was to extend the development agreement with Modern Construction for three months. Mr. Portner questioned if other public financing would be included in the project. Mr. Hartung indicated redevelopment TIF noting the parking ramp qualifies. Mr. Portner explained the TIF may reimburse the city for some of the public fees. Mr. Hartung indicated he would like to work with staff during the extension before returning to the City Council to solidify details prior to the public meeting. The Council recessed at 9:36 p.m. The meeting reconvened at 9:44 p.m. 93 Right -of -Way Vacation: Proctor Road North of County Road 33 Mr. Carlton presented the staff report. Attorney Beck explained he would prefer entering into a license agreement with adjacent landowners to allow the mining while maintaining the right-of-way for future use. Mr. Carlton stated the applicants are agreeable to the licensing agreement. Paw E a I 1 61 NATURE City Council Minutes September 21, 2020 Council consensus was for the city to enter into a licensing agreement with the adjacent landowners. 9.6 Orono Park Plans Mr. Hecker presented the staff report and updated park plans. 9.7 Great Northern Trail Hunting Closure Mr. Hecker presented the staff report. Page 14 Tom Bodnar, 217`' Avenue, indicated he is the property owner adjacent to the Great Northern Trail and he has safety concerns with the trail being open during hunting season and requested the trail be closed. He explained the trail has been closed in previous years by having volunteers post signs stating the trail was closed by order of the police chief. He indicated Chief Nierenhausen does not believe posting this way is legally enforceable and would prefer an ordinance change. Mr. Hecker stated consensus of the Parks and Recreation Commission was to recommend closing of the trail by ordinance amendment to the City Council. Mr. Bodnar indicated the trail has been closed for at least the last 10 years. He explained his family took care of posting the signs, posts, snow fence, and barricades. He stated the city received a complaint on the trail closure and the chief had some concerns about the sign language. He believes without a closure there could be over 200 people walking by when they are hunting which he does not believe is safe. Mr. Portner stated the public works director asked him to point out people bypassing the trail closure could be an issue as it was during construction. He also noted it is illegal by state statute to shoot across a trail crossing. He stated staff doesn't have a problem closing the trail but for it to be by order of the police chief, they would prefer an ordinance amendment so it will be legally enforceable. Mr. Bodnar noted they hunt from the outside parameters of the property inwards and do riot shoot towards the trail. Council consensus was for staff to bring an ordinance back to the next meeting. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:19 p.m. Minutes prepared by Jessica Miller. PB1EBEB BY NATLWEI City Council Minutes September 21, 2M JohnVDi Ma ,—�/ r Tina Allard, City Clerk Page 15 p 0 v I R 1 0 RI 'NATURE]