Laserfiche WebLink
City Council Minutes <br />February 19, 2019 <br />Page 6 <br />attorney opinion is the city is likely to lose if this issue goes to court and ResCare <br />would get their Conditional Use Permit along with excessive damages because of <br />civil rights and fair housing. He stated some of the damages would be paid by <br />taxpayers and his job is to consider the whole city when making decisions and to <br />minimize risk to all taxpayers. He stated he would vote to support a Conditional Use <br />Permit for ResCare with two additional conditions: require an opaque fence on the <br />west side of the facility as a screen to the neighborhood and several security cameras <br />be installed in the parking lot. <br />Chris Jacobson, ResCare property advisor, expressed concerns with camera <br />placement based on HIPPA compliance and he questioned the fencing length <br />expressing concerns for the view. <br />Mr. Beck stated these are reasonable conditions. He stated Council could leave staff <br />with discretion regarding fence height and number/location of security cameras. He <br />stated the fence condition could refer to an appropriate material as Council most <br />likely would prefer wood over chain link. <br />Mr. Jacobson suggested an additional condition stating the Conditional Use Permit <br />can only take effect upon purchase of the property so if ResCare didn't close the <br />permit wouldn't run with the property and future property owners. <br />Mr. Beck agreed this would be a good condition to add as the applicant suggested <br />and is consenting to it on the record. <br />Moved by Councilmember Westgaard and seconded by Councilmember <br />Wagner to approve Conditional Use Permit, Case No. CU18-19 to establish an <br />Institutional Use at 633 Upland Avenue as the criteria for approval are met <br />with the following conditions: <br />1. A copy of the Intensive Residential Treatment Services (IRTS) License <br />from the State of Minnesota must be submitted to the city. <br />2. The SAC/WAC Units will be reviewed to decide if additional fees will <br />need to be paid based on the change in use. Fees will be due before <br />issuance of a building permit. <br />3. A designated smoking area outside of the building must be identified <br />in the site plans. <br />4. At the direction of staff, applicant is required to install an opaque <br />fence, of an appropriate material, on the west side of the facility as a <br />screen to the neighborhood. <br />5. At the direction of city staff, applicant to install security cameras in the <br />parking lot. <br />6. The Conditional Use Permit will not take effect unless the applicant <br />acquires the property. <br />Motion carried 4-1. Councilmember Christianson opposed. <br />F01ERFR Rt <br />NATURE <br />