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City Council Regular Meeting Minutes <br />February 10, 2015 <br />Page 3 <br />Motion carried 4-0. <br />B. Resolution 15-016: a Resolution ADDrovine the Planned Unit Development Aereement <br />and the Planned Unit Development Ordinance Related to the Property located at 3055 <br />Old Highway iway 8 (PID 0602923410140 and PID 0602923410139) in Saint Anthony <br />Village, Hennepin County, Minnesota. Jay Lindgren,City Attorney (Dorsey & <br />Whitney), presenting. <br />9 City Attorney Lindgren explained that this action represents the final step in resolving a matter <br />10 that began in February 2012 for the property at 3055 Old Highway 8. He stated that in early <br />11 2012, the City received an application from Abu-Huraira Islamic Center to utilize a portion of <br />12 the building at 3055 Old Highway 8 for a place of religious assembly. He stated the City <br />13 Council believed that a question existed whether this use was consistent with LI zoning and took <br />14 the allowable action to impose a moratorium and conduct a study after which time the City <br />15 Council took action to expand the places in the City where religious assembly was allowed but <br />16 restricted that use within the LI zoning district, adding this action was done as a specific land use <br />17 decision. He stated the City's action led to two separate legal actions, one by the United States <br />18 Department of Justice under the Religious Land Use and Institutionalized Persons Act and a <br />19 separate action by the Abu-Huraira Islamic Center. He stated on December 11, 2014, a <br />20 Settlement Conference was held and a settlement was reached by all of the parties and the City <br />21 Council approved the Settlement Agreement on December 23, 2014. He advised that Resolution <br />22 15-016 approves the PUD, which has been negotiated and agreed to with representatives of the <br />23 property owner. He stated if the City Council takes action consistent with the Settlement <br />24 Agreement and adopts the Resolution, he was confident the City would have a document in place <br />25 that fully releases the actions by the United States Department of Justice and settles out the <br />26 private lawsuit as well. <br />27 <br />28 Councilmember Stille asked about the mechanism used for release of the civil lawsuit. <br />29 <br />30 City Attorney Lindgren advised that the City, through its insurance carrier, is represented by <br />31 another attorney and that attorney will make a report to the Court and the Federal Magistrate will <br />32 issue a final Order indicating all terms of the Settlement Agreement have been released. He <br />33 added that all parties signed a document stating if the City Council takes the actions before it this <br />34 evening, that they will settle this lawsuit and they would be in breach of a contract if they did not <br />35 release the lawsuit. <br />36 <br />37 City Planner Johnson explained that the creation of a PUD overlay district as outlined in the <br />38 Ordinance includes four permitted uses in addition to the underlying uses, including Religious <br />39 Assembly at times chosen by the Property Owner to include without limitation prayer services, <br />40 religious education, weddings and other religious ceremonies and observances limited to the <br />41 lower level, which is 11,655 square feet, and a limited portion of the main level, which is 1,286 <br />42 square feet, for a total of 12,941 square feet of the approximately 105,000 square foot building. <br />43 She stated other permitted uses include adult day care, clinics for medical, dental, and behavioral <br />44 health, and all other uses permitted in the LI District. She stated that on January 19, 2015, the <br />45 City received notice from the applicant requesting removal of one of the conditions as part of the <br />46 Settlement Agreement, i.e., removal of "wellness facility for exercise and corporate fitness center <br />47 for building tenants" and the applicant requested that this use not be included as part of the <br />48 permitted uses in the Ordinance. She recited the current permitted uses in the LI District as well <br />