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City Council Minutes Page 5 <br />October 7, 2019 <br />8.3 Preliminary Development Agreement: Modern Construction <br />Ms. Othoudt presented the staff report. She reviewed the agreement in detail. <br />Council questioned staff about attorney confirmation that the Council would be <br />under no obligation to move forward or commit to any projects related to <br />downtown development if they feel it is not in the city's best interest. <br />Ms. Othoudt stated the agreement was drafted by Kennedy and Graven and includes <br />many exclusivity clauses. <br />Mayor Dietz stated he feels there are too many red flags with this project and he will <br />not support it. He expressed concerns for downtown parking. <br />Councilmember Westgaard stated voting in favor of entering into this agreement <br />doesn't mean there will be a loss of parking spaces. He further stated he would like <br />to see parking spaces expanded in the downtown. He stated the only thing Council is <br />agreeing to with this agreement is to not negotiate with another developer but to give <br />this developer time to work up a downtown concept plan. <br />Moved by Councilmember Wagner and seconded by Councilmember <br />Westgaard to approve Agreement 19-24, Preliminary Development Agreement <br />with Modern Construction of Minnesota, Inc. Motion carried 4-1. Mayor Dietz <br />opposed. <br />8.4 Discuss Work Session Items <br />Mr. Portner presented the staff report. <br />Council suggested adding tentative dates to the work session items. <br />Mayor Dietz questioned when the Council should discuss the current activity center <br />facility at 413 Proctor Avenue and its purpose/ disposition once vacant. <br />Mr. Portner stated he was planning on next spring because there is a lot happening in <br />the city currently and staff capacity is limited. He noted there is time because the new <br />center won't open until fall 2020. <br />9. Council Liaison Updates <br />Council provided an update on advisory board projects as noted in the respective <br />board minutes. <br />Council recessed at 8:02 p.m. and reconvened at 8:08 p.m. <br />rp O E 6 E 0 B t <br />FNA TUR <br />