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City Council Regular Meeting Minutes February 10, 2015 Page 3 Motion carried 4-0. 3 B. Resolution 15-016, a Resolution Approving the Planned Unit Development Agreement 4 and the Planned Unit Develovment Ordinance Related to the Property located at 3055 5 Old Highway 8 (PID 0602923410140 and PID 0602923410139) in Saint Anthony 6 Village, Hennepin County, Minnesota. Jay Lindgren,City Attorney (Dorsey & 7 Whitney), presenting. 9 City Attorney Lindgren explained that this action represents the final step in resolving a matter 10 that began in February 2012 for the property at 3055 Old Highway 8. He stated that in early 11 2012, the City received an application from Abu-Huraira Islamic Center to utilize a portion of 12 the building at 3055 Old Highway 8 for a place of religious assembly. He stated the City 13 Council believed that a question existed whether this use was consistent with LI zoning and took 14 the allowable action to impose a moratorium and conduct a study after which time the City 15 Council took action to expand the places in the City where religious assembly was allowed but 16 restricted that use within the LI zoning district, adding this action was done as a specific land use 17 decision. He stated the City's action led to two separate legal actions, one by the United States 18 Department of Justice under the Religious Land Use and Institutionalized Persons Act and a 19 separate action by the Abu-Huraira Islamic Center. He stated on December 11, 2014, a 20 Settlement Conference was held and a settlement was reached by all of the parties and the City 21 Council approved the Settlement Agreement on December 23, 2014. He advised that Resolution 22 15-016 approves the PUD, which has been negotiated and agreed to with representatives of the 23 property owner. He stated if the City Council takes action consistent with the Settlement 24 Agreement and adopts the Resolution, he was confident the City would have a document in place 25 that fully releases the actions by the United States Department of Justice and settles out the 26 private lawsuit as well. 27 28 Councilmember Stille asked about the mechanism used for release of the civil lawsuit. 29 30 City Attorney Lindgren advised that the City, through its insurance carrier, is represented by 31 another attorney and that attorney will make a report to the Court and the Federal Magistrate will 32 issue a final Order indicating all terms of the Settlement Agreement have been released. He 33 added that all parties signed a document stating if the City Council takes the actions before it this 34 evening, that they will settle this lawsuit and they would be in breach of a contract if they did not 35 release the lawsuit. 36 37 City Planner Johnson explained that the creation of a PUD overlay district as outlined in the 38 Ordinance includes four permitted uses in addition to the underlying uses, including Religious 39 Assembly at times chosen by the Property Owner to include without limitation prayer services, 40 religious education, weddings and other religious ceremonies and observances limited to the 41 lower level, which is 11,655 square feet, and a limited portion of the main level, which is 1,286 42 square feet, for a total of 12,941 square feet of the approximately 105,000 square foot building. 43 She stated other permitted uses include adult day care, clinics for medical, dental, and behavioral 44 health, and all other uses permitted in the LI District. She stated that on January 19, 2015, the 45 City received notice from the applicant requesting removal of one of the conditions as part of the 46 Settlement Agreement, i.e., removal of "wellness facility for exercise and corporate fitness center 47 for building tenants" and the applicant requested that this use not be included as part of the 48 permitted uses in the Ordinance. She recited the current permitted uses in the LI District as well