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ARDEN HILLS SPECIAL CITY COLTNCIL WORK SESSION _ AUGUST 11,2025 10 of items that we might ask for, in return. Not limited to that list but making it clear to applicants that these are the items we may ask for. Affordability, trails, building materials and so forth. Then developers can have an idea of what we will ask for when they apply. He thinks we reached a consensus on data centers. We are going to leave it off the use table. Councilmember Rousseau said either leave it off or explicitly put it on there without anything. Rita Trapp said she will have to figure out what the right thing is. Councilmember Weber is curious about why the consultant would have to talk to an attorney about that. Rita Trapp said typically any use not listed in the table is prohibited. With sensitivity of data centers she wants to make sure that is enough. If the use doesn't show up, it's not allowed and they would have to come in and request a zoning amendment. She just wants to be sensitive to where things are legally with data center. There are a lot of lawsuits flying around. Councilmember Weber said there are things that aren't in the zoning code that we can say no to tomorrow. If data centers isn't there and there is some loophole that would allow data center applicants to just do it anyway, that's uazy and what's the point of zoning. Rita Trapp said it is about protecting the City so we don't end up in a court case because of something that we omitted that should have addressed. It's protecting the City. Councilmember Weber said regardless how we do it, he does not want data center to be an allowed use. Rita Trapp said that is clear. They want to find out the safest method to protect the City. Councilmember Monson asked if the Council intended to cap the whole city at 35 for building height. She thinks E Street Flats is taller than 35. There are some housing types that may want to be higher than 35 feet. Councilmember Weber said that would be achieved through the PUD process. Jason Zimmerman said 35 is the maximum. If an applicant wanted to go higher it could be a PUD or Conditional Use Permit (CUP). There are ways to go higher but it would have to go through Council. Councilmember Monson would advocate for a higher maximum but if the rest of Council is okay with this she's in the minority. Councilmember Holden thinks having affordable housing in the zoning on a list in the PUD section is totally different than listing it in the zoning. She was upset that there were negative comments back and forth when Mayor Grant was discussing his list. That isn't appreciated. The side bars don't work for her when we're all supposed to be working together.