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City Council Minutes <br />February 19, 2019 <br />Page 5 <br />Conditional Use Permit establishing a Planned Unit Development to the April <br />15, 2019, Council meeting. Motion carried 5-0. <br />8.1 Resolution for Finding of Fact: Conditional Use Permit Request by <br />ResCare Minnesota <br />Mr. Beck provided summary of the history/timelines for this application. He <br />reviewed Council options for action. He expressed concern with having factually - <br />supported legal reasons to deny the application. He explained the Conditional Use <br />Permit process and how it is a legislative versus a discretionary decision. He stated <br />there are two key components: 1) there has to be a legally -sufficient reason for which <br />there is a factual basis in the record to deny the application. He stated in this case <br />there are a lot of facts and impact to surrounding areas, but they are likely not <br />sufficient to support denial; 2) this case involves a protective class of people under <br />federal law. He explained how these laws apply to this application. Mr. Beck further <br />noted the exposure to the city is exponential and can include additional fees and <br />costly damages when federal rights are involved. He stated he consulted with <br />attorneys in our partnering law firm and the League of Minnesota Cities and they <br />concurred. <br />Councilmember Christianson stated he spent many hours on this and feels this type <br />of care facility is not appropriate at this location and his position hasn't changed on <br />the matter. <br />Councilmember Westgaard stated he felt the applicant met the conditions and <br />struggles to find reasons not to approve it. <br />Councilmember Ovall stated he reviewed this matter deeply and he thanked <br />everyone for their assistance. He stated initially this seemed like a straightforward <br />case for him until he heard the evidence from the community. He stated he focused <br />on what he believed to be the facts of this case based on policing and local <br />neighborhood impact. He stated as he continued review and worked with multiple <br />groups for information, he learned a lot about the Federal Fair Housing Act. He <br />stated because Council can't consider police and neighborhood concerns, he feels <br />the conditions of the request are met and he would support the Conditional Use <br />Permit. He further stated he stands by his feelings this is not the best location for <br />this type of use but the application meets the terms of the ordinance as written. <br />Councilmember Wagner stated she will not be supporting the denial because there <br />are not any legal reasons to factually support it. <br />Mayor Dietz stated this is an extremely difficult decision he has thought about a <br />great deal. He stated he is confident the Council will change the zoning in the <br />downtown district so ResCare could again consider the former school district <br />property. He urged ResCare to give the site strong consideration. He discussed the <br />Conditional Use Permit process and the legal reasons for denial. He felt there would <br />be a good chance ResCare would sue the city if their application is denied. He stated <br />For[B I Br <br />NATURE <br />