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City Council Minutes Page 5 <br /> February 19,2019 <br /> Conditional Use Permit establishing; a Planned Unit Development to the April <br /> 15, 2019, Council meeting. Motion carried 5-0. <br /> ll.i 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 /> p 6 V I R 1 9 B1 <br /> AYUR <br />