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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