03-08-2010 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2010 7:00 o'clock p.m. ( #10 -3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued) Miller noted their proposal for the Hill School has been vigorously reviewed by the Planning Commission, City Council, City Staff, Police Chief, City Staff, and City Attorney. The Planning Commission unanimously recommended approval, Orono's City Staff recommended approval, and many Orono residents are in support of it. Miller encouraged the City Council to approve their application. Jay Lindgren, Attorney -at -Law, Dorsey & Whitney, stated he is here on behalf of the Emily Program and that he also serves as a city attorney and as redevelopment attorney for the City of Wayzata. Lindgren stated he understands both the City's regulatory role as well as the property rights of the subject applicant. In many of these situations, often the solution at hand is one of compromise, which is what he would like to discuss tonight. Lindgren stated what is before the City Council is an application from the Emily Program for variances and a conditional use permit. That application has been left on the table because this operation needs certainty and needs to determine whether this is something that the Emily Program wants to continue to devote time, money and energy pursuing. Lindgren stated the record is clear from the staff report to the unanimous action of the Planning Commission that the proposed use is compatible with Orono's ordinances and that there is a sound basis for approval. Lindgren pointed out that this is an allowed use subject to conditions, which is really the term of art being discussed. The variances are reasonable. The health and safety issues have been addressed and the record stands in support of that. • Lindgren stated having said all that, what he would like to focus on is a good alternative that can also serve as • a healing mechanism for this community. Lindgren requested the City Council focus clearly on the issues that have been raised as well as the fears that there is some unintended consequence that can happen by the granting of conditional use permits; specifically that there is some other less desirable use that can come upon the City. The Emily Program is agreeable to a permit that does not run with the land. A clear win/win solution to this situation is an interim use permit ordinance and a subsequent granting of an interim use permit to the Emily Program. Lindgren noted he has had conversations with Orono's City Attorney about what the law allows in the State of Minnesota and how we can craft something to allow this occur. Lindgren stated he would propose, one, that the City Council directs their staff and city attorney to draft an ordinance that is an interim use permit ordinance. Two, clearly tie the IUP to the licensure status that exists through the Department of Human Services, which is "an eating disorder structured living permit." In other words, if the Hill School is not used by this program, under that state licensure status, the IUP expires, and thus it will not be a permanent change. Lindgren stated it is his understanding that Orono's City Attorney interprets the law the same way, and that that is an appropriate standard that can be done under the state statute to allow Orono to adopt an interim use permit. This would allow a way of terminating the IUP to be tied to the program and specifically to the licensure that goes to that program, which will give the City a very strict standard. Lindgren stated point number three is that the Emily Program agrees to an extension of the 60 -day rule. There currently is a deadline of April 16''. The Emily Program agrees to an extension that is reasonably necessary to do the interim use permit ordinance and the corresponding IUP application. Fourth, the Emily Program feels a reasonable time frame would be to extend the application to May 10'', which would be a reasonable amount of time for the ordinance to be processed and still meet all of the public hearing requirements. Fifth, the Emily Program would encourage the City Council to table the CUP and the variances until May 100' if you are • willing to support this proposal and direct City Staff and City Attorney to go forward with the ordinance. --( Page 16 of 23