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I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes June 12 ,2012 Page 8 Councilmember Stille stated he was sorry to hear some of the comments made by residents during the public comment section and those comments have nothing to do with his decision. He stated this is strictly a land use issue and nothing more and the question before the City Council has to do with the City 's intention regarding LI areas. He indicated it is clear the intent of the City was not to have religious uses in the LI district. He stated the City completed Comprehensive Plans in 1979 , 1993, 1998 , and again in 2008 and the previous plans do not incorporate religious space within industrial areas; furthermore, on October 25, 20 II, after approval by the Planning Commission, the City Council denied a CUP request for a Christian church in the same zoning district. He stated a church is not a compatible use in the LI district just as the City does not allow single family homes in commercial neighborhoods and it is all about integrity, continuity , good land use, and uses that are cohesive and compatible. He stated a church is an incompatible use in this zoning district and does not foster economic growth. He indicated he was troubled by statements made by the applicant's attorney that the City should not be worried , that this was not a mosque, that they would not use it as a mosque, that there would not be a school , but as Councilmember Gray stated earlier, when you see things printed that say this property is going to be a mosque and a school for all ages, you wonder about the nature of the application. He stated he understood the Abu-Huraira Islamic Center wants this and it pains him to vote against someone who is passionate about their cause, but this is a land use issue and nothing more. Councilmember Gray agreed with Councilmember Stille and stated there were a lot of things said by the applicant's attorney that were offensive including charging the City Council with discrimination, as well as the letter from the ACLU threatening to sue. He stated this had nothing to do with keeping any group out of St. Anthony and this is a land use issue and nothing more. He indicated that the City's intent for assembly in the LI district has been assembly that is business or industrial related and the City Code is clear that religious institutions belong in the RI district. Councilmember Roth stated he would not support the motion to deny the CUP request. He indicated that Muslims pray five times per day and as explained to him , the morning and afternoon prayers are about three minutes. He stated that Friday is their Sunday for worship and the traffic patterns Monday through Friday would seem to fit perfectly in this area. He indicated that taxes were brought up and his 2012 property taxes are $3,443.48 , with $1,207.47 of that amount going to the City. He stated the City tax levy is approximately $5 million and if 12,000 square feet of this building is tax exempt, it will raise his portion of City taxes $1.05. He stated he agreed that the LI district does not state church, mosque, or religious assembly but when the applicants made their request, assembly was not defined and he felt that denying the CUP will potentially open up the City to a lawsuit by the ACLU or others because of RLUIPA and in the end, will cost taxpayers more. He added he was embarrassed and stunned by some of the citizen comments and would not support the denial of the CUP. Councilmember Jenson stated he would support a denial of the CUP request. He stated after studying this issue for three months and reviewing the intended use for LI , he felt the LI district is intended for business oriented entities.