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ARDEN HILLS CITY COUNCIL— SEPTEMBER 9, 2024 11 Councilmember Fabel explained he was concerned about the legal implications facing the City noting the Council had to take action on the rezoning by September 14, unless the City were to receive consent from the applicant. He asked if the City had consent from the applicant to extend this matter beyond the 120 days. Mr. Fink stated the City had his consent. Mayor Grant requested the church representatives to come forward and speak to whether or not they support the extension of this application. John Oldfield, North Heights Lutheran Church, explained Addendum 5 within the agreement the church had with Trident Development required Trident Development to reach certain milestones with the City Council. He indicated he does not recall the specific language within Addendum 5 as to whether or not this includes approval or consideration of the Council by a specific date and he could not speak to whether or not the elders would approve a modified purchase agreement. Councilmember Monson asked if staff needed the applicant's consent in writing. Interim City Administrator Jagoe reported this was the case. Mayor Grant closed the public hearing at 8:40 p.m. 11. NEW BUSINESS A. Resolution 2024-041 Approving a Preliminary Plat and Rezoning for the Subject Property at 1700 West Highway 96 — Trident Development, LLC — Planning Case 24-015 (North Heights Lutheran Church) Senior Planner Fransen stated after holding the Public Hearing, it appears the Council will be tabling action on the rezoning request within this item to a future meeting. Mayor Grant spoke to how coming forward with a full application would benefit all parties. He indicated the Council would not be denying the request this evening but rather would table action to a future City Council meeting. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adopt Resolution 2024-041 as amended approving Planning Case 24-015 for a Preliminary Plat for the 10.74 acre parcel at 1700 West Highway 96, based on the findings of fact and the submitted plans, as amended by the conditions in the September 9, 2024 Report to the City Council. Councilmember Rousseau stated if the applicant does not offer written consent by September 14, what does this request look like for the City? Mayor Grant indicated at that point they have a platted parcel and no buyer. He indicated this item would come back to the City Council at a future meeting for further consideration. Councilmember Holden stated this was the City's good faith effort to bring this project back to the City Council for further consideration. She explained she could never support this project