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City Council Regular Meeting Minutes June 12, 2012 Page 8 2 Councilmember Stille stated he was sorry to hear some of the comments made by residents 3 during the public comment section and those comments have nothing to do with his decision. Ile 4 stated this is strictly a land use issue and nothing more and the question before the City Council 5 has to do with the City's intention regarding LI areas. He indicated it is clear the intent of the 6 City was not to have religious uses in the LI district. He stated the City completed 7 Comprehensive Plans in 1979, 1993, 1998, and again in 2008 and the previous plans do not 8 incorporate religious space within industrial areas; furthermore, on October 25, 2011, after 9 approval by the Planning Commission, the City Council denied a CUP request for a Christian 10 church in the same zoning district. He stated a church is not a compatible use in the LI district 11 just as the City does not allow single family homes in commercial neighborhoods and it is all 12 about integrity, continuity, good land use, and uses that are cohesive and compatible. He stated a 13 church is an incompatible use in this zoning district and does not foster economic growth. He 14 indicated he was troubled by statements made by the applicant's attorney that the City should not 15 be worried, that this was not a mosque, that they would not use it as a mosque, that there would 16 not be a school, but as Councilmember Gray stated earlier, when you see things printed that say 17 this property is going to be a mosque and a school for all ages, you wonder about the nature of 18 the application. He stated he understood the Abu-Iluraira Islamic Center wants this and it pains 19 him to vote against someone who is passionate about their cause, but this is a land use issue and 20 nothing more. 21 22 Councilmember Gray agreed with Councilmember Stille and stated there were a lot of things 23 said by the applicant's attorney that were offensive including charging the City Council with 24 discrimination, as well as the letter from the ACLU threatening to sue. He stated this had 25 nothing to do with keeping any group out of St. Anthony and this is a land use issue and nothing 26 more. He indicated that the City's intent for assembly in the LI district has been assembly that is 27 business or industrial related and the City Code is clear that religious institutions belong in the 28 Rl district. 29 30 Councilmember Roth stated he would not support the motion to deny the CUP request. He 31 indicated that Muslims pray five times per day and as explained to him, the morning and 32 afternoon prayers are about three minutes. I -Ie stated that Friday is their Sunday for worship and 33 the traffic patterns Monday through Friday would seem to fit perfectly in this area. He indicated 34 that taxes were brought up and his 2012 property taxes are $3,443.48, with $1,207.47 of that 35 amount going to the City. He stated the City tax levy is approximately $5 million and if 12,000 36 square feet of this building is tax exempt, it will raise his portion of City taxes $1.05. He stated 37 he agreed that the LI district does not state church, mosque, or religious assembly but when the 38 applicants made their request, assembly was not defined and he felt that denying the CUP will 39 potentially open up the City to a lawsuit by the ACLU or others because of RLUIPA and in the 40 end, will cost taxpayers more. He added he was embarrassed and stunned by some of the citizen 41 comments and would not support the denial of the CUP. 42 43 Councilmember Jenson stated he would support a denial of the CUP request. He stated after 44 studying this issue for three months and reviewing the intended use for LI, he felt the LI district 45 is intended for business oriented entities. 46