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City Council Regular Meeting Minutes February 10, 2015 Page 5 coming back with a formal amendment on the PUD, if the design professionals determine that the Religious Assembly space should be located elsewhere in the building. He stated currently any PUD ordinance request of that nature would come back for full processing of a PUD amendment for interior realignment of space within the building and they think it can be accomplished by review of the City's design review committee. 7 Mayor Faust stated the City has been working on this for three years and was disappointed to 8 learn of this request at the 11 th hour. He stated that he advocated for a Settlement Agreement 9 that everyone was a part of and that Settlement Agreement is specific and he was not inclined at 10 this time, because of poor decision making, to change that Settlement Agreement. He requested 11 the City Attorney's opinion regarding the applicant's request. 12 13 City Attorney Lindgren stated that what is before the City Council this evening is approval of the 14 PUD as well as the settlement of two lawsuits. He stated there is a binding agreement that states 15 if the City Council approves in the form of a PUD what was contained in the 2012 CUP 16 application, plus allows the additional uses of an adult day care and medical -related clinics, then 17 both the Federal Government and the applicant will release all claims related to that lawsuit. He 18 advised that the City Council's obligation, as provided in conversations with the Federal 19 Magistrate and voted on December 23, 2014, is to approve the 2012 CUP application that 20 included a total of 12,941 square feet, 11,655 square feet of which is located on the lower level. 21 He stated the PUD Ordinance that went through the Planning Commission process includes the 22 diagram submitted in 2012 showing the specific location of Religious Assembly within the lower 23 level and the PUD Ordinance would allow that use to be shifted within the lower level with City 24 staff approval and without a PUD amendment, however, as Mr. Keane has stated, if that 11,655 25 square foot space is requested to move off the lower level it would require processing of a PUD 26 amendment which requires a public hearing. 27 28 Mayor Faust stated the City Council can adopt the Resolution and execute the PUD in 29 accordance with the Settlement Agreement approved by all parties on December 11, 2014, and 30 he was not inclined to do anything other than what he advocated for with the United States 31 Department of Justice and the attorneys representing Abu-Huraira Islamic Center. 32 33 Motion by Councilmember Gray, seconded by Councilmember Jenson, to adopt Resolution 15- 34 016; a Resolution Approving the Planned Unit Development Agreement and the Planned Unit 35 Development Ordinance Related to the Property located at 3055 Old Highway 8 (PID 36 0602923410140 and PID 0602923410139) in Saint Anthony Village, Hennepin County, 37 Minnesota. 38 39 Motion carried 4-0. 40 41 C. Ordinance 2015-01; an Ordinance Creating the 2015-01 PUD — Planned Unit 42 Development Overlay Zoning District Associated with the Property located at 3055 Old 43 Highway 8 (PID 0602923410140 and PID 0602923410139). Kelsey Johnson, City 44 Planner (WSB & Associates),presenting. 45 46 Motion by Mayor Faust, seconded by Councilmember Gray, to adopt Ordinance 2015-01; an 47 Ordinance Creating the 2015-01 PUD — Planned Unit Development Overlay Zoning District 11