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HomeMy WebLinkAbout09-09-24-R -Ai QEN HILLS Approved: October 14, 2024 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2024 7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Tena Monson, Brenda Holden, Tom Fabel and Emily Rousseau Absent: None Also present: Interim City Administrator Jessica Jagoe; Public Works Director/City Engineer David Swearingen; Finance Director Joua Yang; Senior Planner Elena Fransen; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Item 8C be pulled from the Consent Agenda for discussion as Item 9A. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the meeting agenda as amended. The motion carried (5-0). 2. TCAAP/RICE CREEK COMMONS UPDATE Interim City Administrator Jagoe stated the Joint Development Authority has not met since the last Council meeting, neither have either of the committees. As an update on the letter of intent, the County has responded to Alatus with a request for additional information on a few items that will need to be further defined for timelines and negotiated as part of a purchase agreement. Discussions continue between the two parties. As mentioned previously, the LOI at a high level includes items such as Alatus putting money down with the County and then purchasing the land in its entirety following the completion of mass grading and soil correction. The LOI did not include information pertinent to the City other than it reaffirmed that Alatus will be seeking TIF for future underground parking. The Energy Advisory Committee is working with the energy consultants on their final green energy report. There is a tentative schedule for a review of their findings at an EAC meeting in September. Following that initial discussion, there will be a ARDEN HILLS CITY COUNCIL— SEPTEMBER 9, 2024 2 presentation on the final results either at the October or November JDA meeting before it is accepted by the JDA. Part of the upcoming EAC discussion will include opportunities for resident input through this process. Lastly, there is JDA work session scheduled for tomorrow night September 10t' at 5:30. Agenda items include Legislative Update with a presentation from Goff Public, Development Agreement discussion update/Review of Terms for Final Development Agreement Sheet, Review of Road Map through 2024. Councilmember Holden indicated there used to be a pile of crushed foundation on the TCAAP site that was to be used for the foundation of the spine road. She reported this pile has significantly decreased. Interim City Administrator Jagoe explained she did not have an answer to this question but could follow up with Ramsey County staff. Councilmember Holden stated she understood negotiations were underway between the County and Alatus at this point. She questioned how the City would be able to approach Alatus for a public works building or a civic building. Interim City Administrator Jagoe commented through the LOI that Alatus has presented to the County for the purchase of the land, and that a lead development agreement would still have to be considered and approved by the JDA. Mayor Grant asked if the City Council had time to hold a special work session or meeting to negotiate with the developer regarding certain matters on TCAAP, such as the water tower, local streets and utilities funding. He explained the City Council had to negotiate these matters with Bob Lux because these items may require a financial commitment to Alatus. Councilmember Monson anticipated the City Council would know more about the role of the City tomorrow, after the JDA work session. She explained she agreed with the Mayor, that special work sessions would be required to address the lead development agreement. Mayor Grant stated he looked forward to hearing from staff on how to proceed with this matter. 3. PUBLIC INQUIRIES/INFORMATIONAL Lynn Diaz, 1143 Ingerson Road, requested the Council review and rewrite the City policy regarding chickens. She believed the current ordinance was not in alignment with the rest of the city code. She indicated the restrictions within the Arden Hills chicken ordinance were egregious when compared to other communities' code language. She questioned why those wanting to have chickens are required to have signatures from their neighbors when this is not required for cats or dogs. She indicated dogs are way more likely to impact their neighbors than chickens. She recommended the solid fence requirement for chickens be lifted in order to allow hens to freely roam a resident's backyard. She noted she would be sending each of the Councilmembers an email regarding this matter and it was her hope the Council would reconsider the chicken keeping ordinance. Linda Swanson, 1124 Ingerson Road, explained she has been waiting for a Councilmember and others, when they speak of having affordable housing available in Arden Hills, for the children. She stated a Councilmember was misleading and confusing residents when speaking of affordable ARDEN HILLS CITY COUNCIL— SEPTEMBER 9, 2024 3 housing in Arden Hills. She commented on how affordable housing within the confines of TCAAP pertains to individuals that have low income and meet established thresholds. She indicated affordable housing when used outside the confines of TCAAP cannot be controlled by the City, rather costs were controlled by demand and landlords. She noted affordable housing within TCAAP would not be available to individuals that have higher incomes, such as teachers, lawyers and consultants. She indicated she did not have the opportunity to move to Arden Hills until she was in her 40's because she could not afford it. She questioned why governmental money would be provided to those who could afford housing or rent. She requested a Councilmember stop misleading and confusing residents when it comes to affordable housing outside the realm of TCAAP. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. 6. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen reported the contractor has completed final paving for the 2024 PMP Street Improvement Project. However, he noted pond dredging was occurring near Hamline Avenue and Colleen Avenue. Public Works Director Swearingen updated the Council on the bollards on Lake Johanna Boulevard. He reported the County has installed plastic bollards on the north to east bound lane of Lake Johanna Boulevard. He noted the bollards would remain in place temporarily until snow plowing would occur. Councilmember Holden stated she received a complaint today that the roundabout was nothing but weeds. She asked that this complaint be passed along to the County. Public Works Director Swearingen explained he could pass this along to County staff. Councilmember Holden asked if heavy rains created any pooling within the 2024 PMP project area. Public Works Director Swearingen stated the areas where pooling occurred were addressed prior to the final lift of pavement being installed. He indicated everything was flowing as it should be. He noted the project was not closed out and staff would address any concerns if any pooling were to occur. Councilmember Holden commented on the striping that was installed along Lake Johanna Boulevard by the County. She indicated this has not stopped or slowed traffic in any manner. She noted the placement of the bollards did not stop the racetrack from Fairview down to Stowe. 7. APPROVAL OF MINUTES ARDEN HILLS CITY COUNCIL— SEPTEMBER 9, 2024 4 A. August 12, 2024, Special City Council Work Session B. August 12, 2024, Regular City Council C. August 19, 2024, Special City Council Work Session D. August 26, 2024, Special City Council Work Session MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to approve the August 12, 2024, Special City Council Work Session meeting minutes, August 12, 2024, Regular City Council meeting minutes, August 19, 2024, Special City Council Work Session meeting minutes; and August 26, 2024, Special Citv Council Work Session meeting minutes as presented. The motion carried(5-0). 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Authorize Release of RFP for Recycling Services C.Me ien to Adopt Ordinanee 2024 !Vl-v08 Aare zding the Arden Hills City Regar-ding ,Salar-ies for-the Mayor-and Git�,Getineilmembers D. Motion to Approve Acknowledgment of Twin Cities Gateway Grant Funds E. Motion to Approve Resolution 2024-042 Appointing Vincent Meyer as Youth Commissioner to Economic Development Commission F. Motion to Approve Payment No. 2 — Hydro-Klean, LLC — 2024 CIPP Lining Project G. Motion to Approve Payment No. 4— S.M. Hentges & Sons, Inc. —2024 PMP Street and Utility Improvements Project H. Motion to Approve Final Payment — Hydro-Klean, LLC — Nursery Hill Sanitary Sewer Repair and Lining I. Motion to Approve Payment No. 1 (Final) — GMH Asphalt — 2024 Street Maintenance Program Large Area Patching Project (Grey Fox Rd, Red Fox Rd and Lake Valentine Rd) MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried (5_0). 9. PULLED CONSENT ITEMS A. Motion to Adopt Ordinance 2024-008 Amending the Arden Hills City Code Regarding Salaries for the Mayor and City Councilmembers Mayor Grant stated he pulled this item to provide background information to the public. He reported City Ordinance Chapter 2, Section 210.02 addressed Mayor and Councilmember salaries. He noted one issue for Cities is that often times salaries are not adjusted for the Mayor and City Council. He explained six years ago the Council realized this was an issue. He stated six years ago when an adjustment was made, the City Council set its salaries equal to Mounds View and an item was built into the Ordinance that the Council would review its salaries every six years. He indicated the Council would again be setting its salaries the same as Mounds View. ARDEN HILLS CITY COUNCIL—SEPTEMBER 9, 2024 5 MOTION: Mayor Grant moved and Councilmember Monson seconded a motion to Adopt Ordinance 2024-008 Amending the Arden Hills City Code Regarding Salaries for the Mayor and City Councilmembers. The motion carried (5-0). 10. PUBLIC HEARINGS A. Planning Case 24-015 — Preliminary Plat and Rezoning — Trident Development, LLC — 1700 West Highway 96 (North Heights Lutheran Church) Senior Planner Fransen stated at their February 22, 2022 meeting, the City Council reviewed a concept plan from Trident Development for the development of the northwest corner of the North Heights Lutheran Church property at 1700 West Highway 96. Trident Development was proposing a 115-125 unit senior apartment development (apartments only, the proposed did not have an assisted living or memory care component). The Applicant indicated their intention would be to subdivide and purchase approximately 10.27 acres in the northwest corner of the Subject Property. In preparation for the February 22, 2022 meeting, the Developer had held a neighborhood meeting to garner resident feedback. At the meeting, residents voiced concerns regarding traffic, additional park demand, and noise concerns. Senior Planner Fransen reported for a residential project to be feasible on the site, the Applicant needed to amend the Comprehensive Plan. In April 2022, Trident Development submitted an application for amendments to the Arden Hills 2040 Comprehensive Plan. The proposed amendments included amending Chapter 6, Land Use to change the future land use designation of approximately 10.74 acres in the northwest corner of the Subject Property from P/I, Public and Institutional to be guided as HDR, High Density Residential and to amend Section 6.4.10 to increase the maximum housing unit density as part of a Planned Unit Development. The City Council approved and adopted the requested Comprehensive Plan Amendments on July 11, 2022. Following the approval and adoption of the requested Comprehensive Plan Amendments, the Applicant is required to submit additional land use requests for the development approvals. Senior Planner Fransen explained at the February 21, 2023 City Council Work Session, the Applicant presented an updated concept plan for the City Council to review. The discussion considered the proposed density for the development, building height, and sidewalk connections to the surrounding neighborhood. In this land use application, the Applicant has included a request to subdivide the 10.74 acres guided as High Density Residential from the developed portion of the site (i.e. Church use, approximately 30 acres), which remains under the Public and Institutional land use designation, and to rezone the subdivided property to R-4, Multiple Dwelling District to be consistent with the Comprehensive Plan. The 10.74 acre parcel would be established as Lot 2, Block I Arden Heights Addition and the 30.36 acre parcel would be established as Lot 1, Block 1 Arden Heights Addition. The Applicant's provided narrative refers to the 10.74 acre parcel as Lot I yet this lot is referred to as Lot 2 on the submitted preliminary plat document. Senior Planner Fransen reviewed the Plan Evaluation in further detail and requested the Council hold a public hearing. ARDEN HILLS CITY COUNCIL—SEPTEMBER 9, 2024 6 Councilmember Holden stated she was troubled by the presentation and reference to the proposed development. She commented if the Council agreed to this change, there was no guarantee that what they proposed would ever be built. Senior Planner Fransen reported this was the case, noting the change to the parcel, was not connected to a specific development. Councilmember Holden indicated the property was rezoned and a 122-unit building was intended, but this may not be the case. Senior Planner Fransen commented the applicant has noted they intend to construct a 122 unit building, but no development land use applications have been submitted to the City for this property. Councilmember Holden questioned why the proposal for this property was not brought forward with the rezoning. Senior Planner Fransen stated the timing of the applications were determined by the applicant. She indicated there was a timeframe (three months) for bringing forward a final plat, but otherwise, the applicant can choose when to bring a preliminary plat or rezoning forward and if this is tied to a development land use application. Councilmember Monson asked if typically, a rezoning came in with a preliminary plat. Interim City Administrator Jagoe reported most commonly the City was used to seeing preliminary plats and land use development approvals occurring within the same application and in this instance, the developer has split the processes out. Mayor Grant commented the land is owned by North Heights Lutheran Church and this request was being presented by Trident Development. He indicated the land was not yet purchased by Trident Development and there was no guarantee Trident Development would purchase the land. He noted the matter before the Council was to consider a preliminary plat and rezoning. Councilmember Fabel stated in February of 2022 the City Council reviewed a concept plan for this project and offered approval of the comprehensive plan that would allow the project. He questioned if the previous approval constrained the ability of this Council to act upon a motion for an amendment that would comply with the comprehensive plan. Senior Planner Fransen explained the comprehensive plan and zoning ordinance are required to be in alignment with each other. She reported when a comprehensive plan amendment is made, it would be the City's responsibility to amend the zoning ordinance accordingly. She indicated the previous approval does not require a decision as other direction could be provided by the City Council,based on the application. Councilmember Holden agreed the comprehensive plan and zoning code does not require the City Council to approve the rezoning. She noted another alternative available to the City Council would be to amend the comprehensive plan. She indicated her problem with this request was that back in 2022 the City Council was told a development was coming forward and this did not occur. She explained now the Council does not have a development before them to consider. She ARDEN HILLS CITY COUNCIL—SEPTEMBER 9, 2024 7 stated if the rezoning were to go through, the property could then be sold to the highest bidder and the City would not know what type of development could come forward. Councilmember Monson explained she read the notes from the Planning Commission and there was some discussion surrounding the comprehensive plan amendment that would allow for double the number of units on the site. Senior Planner Fransen stated as part of the applicant's earlier application for the comprehensive plan amendments, there was another section that was modified as part of the amendments. She reviewed the sections that were amended regarding land use and net residential density. She explained that in this particular region of the city, residential density may be increased up to 100% through the PUD process if the intent was to meet the goals of the comprehensive plan. She commented the R-4 zoning district would allow for up to 12 units per acre as established in the zoning ordinance. Councilmember Monson asked if a PUD were brought forward would the City have to allow up to 100%more density. Senior Planner Fransen indicated based on the language within the comprehensive plan, there is a "may" statement and not a "shall", meaning the City Council could consider higher density but was not required to approve a higher density. Councilmember Monson reported if the City were to rezone to R-3, the 100% would be a lower density. Senior Planner Fransen stated this property was guided for high density and the R-3 zoning district would have different residential intent. Councilmember Monson indicated if this property were rezoned to R-4 and the density could then be doubled, the City would be welcoming a higher density in this place. She stated if the property were zoned R-3, the City could then welcome a lower density project. Interim City Administrator Jagoe reported the R-3 zoning district would allow for up to eight units per acre. She explained the rezoning to R-4 would allow the zoning code to be consistent with guiding in the comprehensive plan. Councilmember Rousseau stated generally, the City could do 12 units per acre for the 10.74 acres but this could double because it was allowed within the comprehensive plan. Senior Planner Fransen agreed this was the case, noting the comprehensive plan would allow for up to a 100% increase through a PUD in the R-4 zoning district. She then reviewed the location for the potential increase in the comprehensive plan. Councilmember Monson stated she wanted to hear more about the history of this comprehensive plan amendment from Mayor Grant or Councilmember Holden. Councilmember Holden recommended staff speak to this further. ARDEN HILLS CITY COUNCIL— SEPTEMBER 9, 2024 8 Interim City Administrator Jagoe stated when the comprehensive plan was adopted in 2018 this language did not exist. She explained in 2019, Trident Development came in and developed the Round Lake Senior building and at that time the comprehensive plan was amended to provide the boundaries for the area where up to a 100% increase in density would be permitted through the PUD process, which was split by Highway 10. She indicated this language was then amended in 2022 to cross over and incorporate the North Heights site. Mayor Grant asked if it would be fair to say the City scored points with the Met Council based on the density encouraged language that was included within the comprehensive plan. Interim City Administrator Jagoe reported this was the case. Councilmember Holden reiterated that the City Council was to be provided plans back in 2022 for this project and this did not happen. Had she known that, she may not have approved the change to the comprehensive plan. Mayor Grant requested to review an aerial of the property. He noted this property was bounded by Highway 10, County Road 96 and North Heights Church. He indicated he would never support more than the initial 124 units for this property due to the dimensions of the site. Mayor Grant opened the public hearing at 8:03 p.m. Roger Fink, representative for Trident Development, thanked the Council for their concerns and questions. He explained there are many steps and approvals necessary for this development. He indicated he has been working closely with City staff on which path would be best to follow in order to receive these approvals. He recognized the development site was somewhat complicated and he felt the best approach was to get the comp plan amendment approved, followed by a rezoning and subdivision. He stated this puts the church in a position where they have created a separate parcel that could be sold to Trident Development or someone else. He explained it was his goal to get to a final plat and building permit so he can complete the transaction from the church in order to purchase the parcel from the church. He indicated there has been a lot of discussion about the density bonus included in the comp plan. He stated he did not have a good memory to recall how this language came about, but noted this site has numerous physical constraints that would make it difficult to increase the density. He reported if he did not go through with the transaction with the church and someone else wanted to purchase the parcel, they would be meeting the same physical constraints. He discussed how the preliminary plat would not be created in a vacuum, but rather would take into account the wetland boundaries, the building footprint, stormwater ponding and surface parking. He stated when the site plan is brought forward, he would show the Council how all of the pieces fit together within the confines of the lot. He explained he had a hard time understanding where the parking would fit if a development were to come forward with 240 units. Mayor Grant asked if the applicant would be bringing forward a project that was a PUD. Mr. Fink indicated he was still in discussions with staff regarding this matter. He explained he was still trying to understand if flexibility would be required for two minor areas within the project. ARDEN HILLS CITY COUNCIL—SEPTEMBER 9, 2024 9 Councilmember Monson thanked the applicant for his comments. She recommended the developer provide good access for pedestrians to and from this site in order to allow future tenants to access TCAAP. She inquired if the applicant had considered limiting access to Snelling Avenue. Mr. Fink indicated he had to respect the fact the church congregation would want continued access to Snelling Avenue. He explained he heard from the neighbors that they did not want increased traffic flow going southbound on Snelling Avenue. He reported at the intersection of the access drive with Snelling Avenue there is no control whether traffic goes right or left. He commented some modification could be made to the driveway curb in order to have making a right hand turn inconvenient. He stated he believed this was the best he could do. Councilmember Holden asked who owned the property at the access drive with Snelling Avenue. Mr. Fink reported this property was owned by the church. Councilmember Holden questioned how the City could require the developer to make improvements at this intersection as part of the PUD. Mr. Fink commented this could be done through the development agreement where specific offsite improvements could be listed. He noted he would demonstrate within his site plan what parking belongs to the church and what belongs to the new development. Councilmember Holden asked when a land use plan would be brought to the City. Mr. Fink reported this would occur yet this fall. He commented further on why he would be bringing this project forward in different steps, noting this had been on the advice of staff. Councilmember Holden questioned why staff advised the applicant to bring the project forward in steps. Interim City Administrator Jagoe commented after speaking with the applicant initially, she understood he was looking at going through incremental steps in order to gain feedback on the proposal in stages. She reported because the applicant did not have a full traffic study and stormwater management report done at this time, there were ways to get through the process in order to proceed with the land use approval. She indicated the Council could table action on the rezoning in order to consider the final plat with the rezoning, if there was concern about doing too much too soon. She explained the Council would then only have to consider the preliminary plat at this meeting if action on the rezoning were tabled. Councilmember Holden stated this made sense to her. She believed the City owed it to the residents in this area to tie the rezoning to an application. Mr. Fink explained he believed this made sense. Councilmember Monson questioned if tabling this item and the new timing would work for the applicant. ARDEN HILLS CITY COUNCIL—SEPTEMBER 9, 2024 10 Mr. Fink stated the church has been very gracious and cooperative when it comes to the timing of this project. He indicated he would go back and review the contractual agreement with the church to ensure he was still in compliance with the timing change. He explained there was a possibility this would still work out, otherwise he would have to request additional flexibility from the church. Councilmember Monson reported she did not want to put this project at risk, if the developer was supposed to meet certain milestones. Mr. Fink stated it was his understanding the next round of applications would include a final plat, vacation of easements, site plan or development plan and the rezoning. Interim City Administrator Jagoe reported this was the case, along with a conditional use permit for the multi-family dwelling and a PUD. Mr. Fink stated adding one more application to this next round should not change the timing for this project. Interim City Administrator Jagoe stated this was correct. She indicated it seems clean to table the rezoning, if the City can get consent from the applicant to extend beyond the 120 days. Councilmember Rousseau questioned if the noise and quality of life issue would be addressed by the developer. Mr. Fink commented since the Planning Commission meeting, he engaged a qualified sound consultant to conduct noise studies on County Road 96 and Highway 10. He hoped to have the results from this study by the end of the month. Mayor Grant discussed the location of the proposed building and asked if the church would be using any of the parking adjacent to the proposed building. Mr. Fink stated this was not his intention. Further discussion ensued regarding the constraints on the property in terms of the overall footprint. Councilmember Holden asked which page has the drainage grading information. Senior Planner Fransen reported this information was available on Page C7. Councilmember Holden questioned how many feet above Highway 10 would this property be built. Mr. Fink indicated he could not answer this. Public Works Director/City Engineer Swearingen stated the elevation at the of the highway was 912 and the western portion of the building would have an elevation of 922. 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 ARDEN HILLS CITY COUNCIL— SEPTEMBER 9, 2024 12 without knowing what type of project was coming forward. She stated this was the reason she separated the preliminary plat from the rezoning in her motion. Mr. Oldfield commented if the City Council chooses to separate the preliminary plat from the rezoning, the worst case scenario is he would have to go back to the council of elders to accept an amendment to the agreement, which he would be willing to do. Councilmember Monson questioned if Resolution 2024-041 would have to be rewritten given the fact it includes rezoning language. Councilmember Holden rescinded her motion. Mayor Grant rescinded his second. MOTION: Councilmember Fabel moved and Councitmember Monson seconded a motion to approve Planning Case 24-015 for a Preliminary Plat for the 10.74 acre parcel at 1700 West Highway 96 to subdivide the property into two parcels, 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. The motion carried (5-0). MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to table action on the Rezoning for the property at 1700 West Highway 96 to a future City Council meeting no more than three months from the date of the preliminary plat approval in order to allow the rezoning request to be reviewed with the land use application for the final plat and proposed development. The motion carried (5-0). 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Rousseau welcomed youth commissioner Vincent Meyer to the EDC. Councilmember Fabel commented he wished to propose the Council consider an amendment to the Arden Hills City Code Section 620, regarding offenses. He stated he would like the Council to discuss this amendment at the September 23 City Council meeting. He explained he wanted to add language to Section 620.07 prohibiting against false political and campaign material. He was requesting this matter be considered in a timely manner because it was campaign season. Mayor Grant reported this topic was not on the agenda and request noted Councilmember Fabel could not use City resources for personal gain. Councilmember Fabel indicated he was simply requesting a topic be considered by the City Council at their next meeting. ARDEN HILLS CITY COUNCIL—SEPTEMBER 9, 2024 13 Councilmember Holden asked if this item would first have to be considered at a work session before going to a City Council meeting. Mayor Grant explained this was the agreed upon method for items to come to the City Council. Councilmember Fabel stated he was told by Ms. Jagoe that if a majority of the Council supported this item being placed on the agenda, it could come back to the Council for consideration at the September 23 City Council meeting. Mayor Grant gaveled Councilmember Fabel and stated he was out of order. Councilmember Fabel indicated he was not out of order, rather he was requesting an item be placed on the September 23 City Council agenda for further consideration. He reported he was making this request per the direction of Ms. Jagoe. Interim City Administrator Jagoe stated if the majority of the Council offered their support, this item could be discussed at the September 23 City Council meeting. Mayor Grant indicated the City Council practice has been to take items to a work session prior to being placed on a City Council agenda. Councilmember Fabel stated there was nothing in City Code that prohibits a City Councilmember from requesting an item be placed on an agenda. He stated if the majority of the Council supports an item being placed on an agenda, this item could be placed on an agenda. Mayor Grant encouraged Councilmember Fabel to forward his information to the City Administrator. Councilmember Fabel indicated he has done so and asked that he be given the opportunity to receive majority support from the Council in order to place this item on the next Council agenda. Mayor Grant reiterated that the procedure was to bring items to a Council work session. Councilmember Fabel reported he does not want to take this item to a Council work session. Mayor Grant understood that Councilmember Fabel did not want to take this item to a work session,but noted this was the agreed upon procedure. ADJOURN Mayor Grant adjourned the Regular City Council Meeting at 9:03 p.m. � f Ju Hanson David Grant Ci Clerk Mayor