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HomeMy WebLinkAboutProject Packet Date Application Received: 12/15/09 Date Application Considered as Complete: 12/16/09 120-Day Review Period Expires: 04/15/2010 REQUEST FOR COUNCIL ACTION Date: 5 M rch 2010 Item No. ci Department Approval• (/ Administrator Approval: Agenda Section: Name:Melanie Curtis Title: Planning & Zoning Coordinator Item Description: 10-3442 —The Emily Program — 2180 North Shore Dr ve —Variances & Conditional Use Permit Zoning District: RR-1 B, One Family Rural Residential, 2-acres/200' width Lot Area: 25,440 s.f. (0.58 acre) Lot Width: 106' List of Exhibits: Exhibit A - Variance Hardship Criteria Exhibit B - Public Comments/Information Exhibit C - Excerpts from Zoning Code Exhibit D - Council Minutes 02/08/2010 Exhibit E - Draft Council Minutes 02/22/2010 Exhibit F - PC Minutes of 01/19/2010 Exhibit G - Draft PC Minutes of 02/16/2010 The Emily Program is requesting approval of a conditional use permit and variances in order to operate a 10-bed, in-patient residential eating disorder treatment facility with limited out-patient services within the existing building on the property, formerly the Hill School. Construction of a detached garage requiring variances is also part of the request. Conditional Use Permit: The Hill School property is located within the RR-1 B zoning district. The Emily Program has requested a conditional use permit pursuant to the following City Code Section 78-418(14). Sec. 78-418. Conditional uses. Within any RR-18 one-family rural residential district, Igo structure or land shall be used for the following uses without a conditional use permit: (14) Hospitals for human care, sanitariums, rest homes, nursing homes, provided that all buildings are located 100 feet or more from the lot line of any abutting lot in an R district. The site shall contain not less than 600 square feet of lot area for each person to be accommodated. 10-3442 5 March 2010 Page 2 Variance Review: The application includes the following variances: 1. Setback variance request to allow the use at .: minimum of 21.5 feet and maximum of 92 feet from lot lines where a 100-foot setback fr•m all lot lines is required. 2. Setback variance request to allow constructi•n of a garage a minimum of 10 feet and a maximum of 44 feet from lot lines where a 100 foot setback from all lot lines is required. 3. Setback variance request for the open parki g lot where a 100 foot setback from Briar Street is required and a 0 setback exists. 4. Structural coverage variance request to allow 17% structural coverage where 15% is the maximum allowed and 14.7% currently exists. The Hill School site contains an existing building. The Emily Program intends to utilize the existing building, the existing parking lot and constru t a detached garage. The existing building and the detached garage do not meet the required 00 foot setback from lot lines. Therefore, setback variances are requested. City Code Sectionj78-1511 requires an open parking lot to be located outside of a required yard with the exceptidn that it may be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line. The existing parking area meets the 10 foot setback from the rear lot line however a variance is required as the parking area is within the 100 foot required yard along Briar Street. City Code 78-1403 allows up to 15% of the property to be covered by structures. Currently the existing building accounts for 14.7% structural coverage. The proposed detached garage would result in a structural coverage level of 17%. i COUNCIL ACTION REQUESTED The Council action requested at Monday's meeting is to approve or deny the application. &xHi& rA 1 MINNESOTA STATUTES 2009 394.27 394.27 CREATION AND DUTIES OF BOARD OF ADJUSTMENT. Subdivision 1. When controls adopted. Whenev;r a board of county commissioners shall have adopted official controls it shall at the same time :s the adoption of such controls create a board of adjustment by ordinance. Subd. 2. Procedure, qualifications. The board of adjustment shall consist of at least three but not more than seven members, including at least o e member from the unincorporated area of the county, whose appointment, term of office, .r removal from the board shall be as provided in the ordinance creating the board of adjust lent;provided that no elected officer of the county nor any employee of the board of commissioners shall serve as a member of the board of adjustment and that one member of such boars of adjustment shall also be a member of any planning commission appointed under the provi.ions of sections 394.21 to 394.37. In an ordinance creating a three-member board of adjustmen ,provision may be made for one alternate member. The alternate board member shall,when direc ed by the chair, attend all meetings of the board and participate fully in its activities but shall not ote on any issue unless authorized to do so by the chair. The chair shall authorize the alternate board member to vote on an issue when a regular member is absent, physically incapacitated, abstains because of a possible conflict of interest, or is prohibited by law from voting on that issue. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a regular board member from voting thereon shall be decided by majority vote of all regular oard members except the member who is being challenged. In the ordinance establishing the boa d of adjustment provision may be made for removal of any member for nonperformance of dut or misconduct in office and for the filling of vacancies for any unexpired term. The regula and alternate members of such board of adjustment may be paid compensation in an amount determined by the county board and may be paid their necessary expenses in attending mee ings of the board and in the conduct of the business of the board. Subd. 3. Officers. The board of adjustment shall elect a chair and vice-chair from among its members and shall appoint a secretary who need no be a member of a board. It shall adopt rules for the transaction of its business and shall keep a public record of its transaction, findings, and determinations. Subd. 4. Meetings. The meetings of the board of justment shall be held at the call of the chair and at such other times as the board in its rules of procedure may specify. Subd. 5. Authority. The board of adjustment shall have the authority to order the issuance of variances, hear and decide appeals from and review ny order, requirement, decision, or determination made by any administrative official char ed with enforcing any ordinance adopted Copyright©2009 by the Revisor of Statutes,State o Minnesota.All Rights Reserved. 2 MINNESOTA STATU ES 2009 394.27 pursuant to the provision of sections 394.21 to 394.37, order the issuance of permits for buildings in areas designated for future public use on an official 1 ap, and perform such other duties as required by the official controls. Such appeal may be t.I en by any person aggrieved or by any officer, department, board or bureau of a town, municisality, county, or state. In exercising its powers under this subdivision, the board of adjustment shall take into consideration the town board's recommendation when the board of adjustment s decision directly affects land within the town. I Subd. 6. Appeals.An appeal from any order, requirement, decision, or determination of any administrative official shall be taken in such time as sh. 11 be prescribed by the ordinance creating the board of adjustment by filing with the board of adj stment a notice of appeal specifying the grounds thereof. The board of adjustment shall fix reasonable time for the hearing of the I appeal and give due notice thereof to the appellant and the officer from whom the appeal is taken and to the public and decide the same within a reasonable time which shall be defined in the ordinance establishing the board of adjustment. An appeal stays all proceedings in furtherance of the action appealed from unless the board of adjustment to whom the appeal is taken certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. The board of adjustment may reverse or affirrii wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that end shall have all the powers of the officer from whom the appeal was taken and may direct the issuance of a permit. The reasons for the board's decision shall be stated in writing. Subd. 7. Variances; hardship. The board of adjustment shall have the exclusive power to order the issuance of variances from the terms of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control in cases when!there are practical difficulties or particular hardship in the way of carrying out the strict letter of a y official control, and when the terms of the variance are consistent with the comprehensive lan. "Hardship" as used in connection with the granting of a variance means the property in q estion cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the loc lity. Economic considerations alone shall not constitute a hardship if a reasonable use for th property exists under the terms of the ordinance. Variances shall be granted for earth she4red construction as defined in section 216C.06, subdivision 14,when in harmony with the offs ial controls.No variance may be granted that would allow any use that is prohibited in the zonin district in which the subject property is located. The board of adjustment may impose conditio s in the granting of variances to insure 1 I I 1 Copyright©2009 by the Revisor of Statutes,State okf Minnesota.All Rights Reserved. 1 1 3 MINNESOTA STAT TES 2009 394.27 compliance and to protect adjacent properties and the ublic interest. The board of adjustment may consider the inability to use solar energy systems "hardship" in the granting of variances. 1 Subd. 8. Filing orders. A certified copy of any o der issued by the board of adjustment acting upon an appeal from an order, requirement, dec'sion or determination by an administrative official,or a request for a variance, shall be recorded 'th the county recorder or registrar of titles. The order issued by the board of adjustment shall incl de the legal description of the property involved. The board by ordinance shall designate the c unty official or employee responsible for meeting the requirements of this subdivision. Subd. 9. Appeal to district court. All decisions by the board of adjustment in granting variances or in hearing appeals from any administrative order, requirement, decision, or determination shall be final except that any aggrieved erson or persons, or any department, board or commission of the jurisdiction or of the state shall ave the right to appeal within 30 days, after receipt of notice of the decision, to the district co rt in the county in which the land is located on questions of law and fact. History: 1959 c 559 s 7; 1963 c 692 s 5; 1974 c 571 s 23-29; 1976 c 181 s 2; 1978 c 786 s 13; Ex1979 c 2 s 40; 1981 c 356 s 248; 1984 c 392 s 1; 1986 c 444; 1987 c 312 art 1 s 10 subd 1; 2005 c 4 s 97 Copyright©2009 by the Revisor of Statutes,State s f Minnesota.All Rights Reserved. COUNCIL EXHIBIT B Melanie Curtis Public Comments / Information #1 From: Lindsay Brown [lindsay@emilyprogram corn] Sent: Tuesday, February 16, 2010 5:17 PM To: Jim Murphy(jmurphy@goldengate.net), Melanie Curtis; 'Shari Danielson'; Tony White; Cynthia Bremer; Lili McMillan; Jim Murohy(jmurphy@goldengate.net); Doug Franchot; Loren Schoenzeit(lorens@att.net); Denise L-skinen (denise@wlwd.com); Tess Rice (tessr@minnbankers.com); Jon Schwi gler(jonschwing@aol.com); Jaye Ann Bennett(jaznicl @mchsi.com); Linda Feuss (lufeuss@ -usslaw.com); CWinslow@winscap.com; heidiclear@ymail.com; broucekmn@m.n.com; bryantmn@mchsi.com; SClear@winscap.com; scottdanielson@mac.com; sando913®aol.com; ddess913@aol.com;jeannety@mchsi.com; devean.j.george@gmail.com; kevin.sh:lly@mchsi.com; marciahanson02@gmail.com; sunoakcompany@comcast.net; dana5 99@aol.com; rclux@alatusllc.com; john_palombo@ml.com; susan@grant palombo.com; troad75@aol.com; siegertandrea@mac.com; slwinslow@ chsi.com Cc: 'Dirk Miller' Subject: RE: PLEASE Vote NO to Hill School re oning Good evening, Hill School neighbors and Orono City Council Members: I understand that Shari Danielson has written in opposition to The Emily Program's Conditional Use Permit application. I thought it might be helpful for those on this email to have the en ire email chain, as it includes many questions/concerns that Shari has expressed on behalf of the Fren h Creek Association. (The entire email chain is below. It begins at the bottom and goes up.) We are hap py to continue to respond to additional questions and concerns. Please feel free to attend the neighborhood meeting tomorrow(5pm, City Council Chambers) or call me at the }lumber below. Best regards, Lindsay Brown The Emily Program (651) 379.6130 From: Shari Danielson [mailto:sharidanielson@mac.com] Sent: Tuesday, February 16, 2010 12:57 PM To: Lindsay Brown Subject: Re: Update -- Re: one request and several questions Hello, again. i I am only asking for information that would help your prospec ive neighbors alleviate their concerns about the viability of the Emily Program, its motivation for transformin a historic Orono schoolhouse into a 24/7 inpatient clinic in a residential neighborhood, and the stability f its management team. With all that you are asking us to accept, do you think this is a unreasonable request? Thank you, Shari From: Lindsay Brown [mailto:lindsay@emilyprogram.com] Sent: Tuesday, February 16, 2010 10:02 AM 1 To. Shari Manolas Danielson AVI7/Subject: Re: Update -- Re: one request and several questions Shari, If you'd like to ask additional questions at the neighborhood eeting tomorrow evening, I'd be happy to answer them there. I won't be able to answer questions requesting co fidential financial information. See you tomorrow. Regards, , Lindsay On Tue, Feb 16, 2010 at 12:12 AM, Shari Manolas Danielson <sharidanielson@mac.com> wrote: Lindsay, Thanks for the information. And thank you for continuing to 1.nswer my questions. i I have a clarification and some more follow-ups: - When you wrote previously that you were considering other clinics on other "unique" properties "throughout the Metro and greater Minnesota," my follow-up question was: How many? And, where are they? What I meant was, how many clinics are you in the process of developing ii the Twin Cities Metro and the greater Minnesota area? And where are they? - So you will not release any P&L info. Would you then let u know how much money Dr. Miller is borrowing - - in total for all his projects, co-signed or contingent on any o her projects, as well as how much borrowing is planned for the Hill School project specifically? - How much equity(not borrowed money) is Dr. Miller allocating for this project? - What is his net worth? - Who are other investors in the project, if any? - When does Dr. Miller expect to be cash-flow positive and w len does he expect to be profitable? - Which financial institution is providing financing? -Are the other clinics achieving profits in total? - Has Dr. Miller ever closed a clinic and why? - Has Dr. Miller ever been sued for any reason? If so, what w e the results? - In what area of study did Dr. Miller earn his PhD?From wh t university? - Is the contemplated patient treatment payable by a patient's i surance or the government? What is the daily rate? 2 #113 Thank you again for providing me with this information. Best regards, Shari Danielson On Feb 15, 2010, at 4:43 PM, Lindsay Brown wrote: Good afternoon, Shari. I'll do my best to answer your questions below. Is Dr. Miller the sole owner?Yes What was The Emily Program's annual revenue in the past 5 years?What is the average revenue per clinic? How much of that is net profit?We will not be releasing financial information. What exactly are you concerned about? I'd be happy to respond after better understanding your concerns. Who are the management? Can you include each of their bi ''s?What kind of compensation do they receive? Bios for The Emily Program, Foundation and Advisor Committee are attached. We will not be releasing compensation information. Again, what exactly are our concerns? How many jobs would be part-time? I'm not sure at this point. We haven't completed a staffing schedule at this stage in the project (it's a little early), but I anticipate the majority would be part-time. Can you list the actual job descriptions of the people who will be employed in your proposed Orono clinic? Please see http://annawestinhouse.com/about/staff/for employee bios. These staff work at our Chaska residential treatment program. The job descriptions and disciplines at the Hill School would closely reflect those of our Chaska program. What kind of background checks do they undergo before being employed by you?We conduct a thorough background check on all employees (we use the State of Minnesota form/process for healthcare employees). Do you pay for referrals? If so, how much? No, we do not pay for referrals. Again, what exactly are your concerns? I'd be happy to respond if you'd share them with me. How many other locations you currently considering?Where, specifically, are they?We do not have any properties that we are considering as an alternative to the Hil School. What are the terms of your agreement with the current ow er(s) of the Hill School to purchase the property?We have a purchase agreement with the owners o the Hill School. I will not be sharing specific terms, but can tell you that they are routine/standard. Best regards, Lindsay 3 I From. Shari Danielson [mailto:sharidanielson@mac.com] , */ 1 i Sent: Saturday, February 13, 2010 9:40 AM To: Lindsay Brown Subject: Update -- Re: one request and several questions Thanks for your quick response,Lindsay.But I was hoping for m•re complete answers to some of my questions. I also have some follow-up questions. See my notes,below,in bold type. Shari, Thanks for your email. I'm glad that you'll be joining us at th,t neighborhood gathering next Wednesday. I will check with the City of Orono to see if I can get another sign to post at the Hill School. Or please,as soon as possible,move the one that you already havei as I requested in my previous note. Please see my responses to your questions below. I've answered those that I'm able to. 1. What type of organization is The Emily Program? 1 1 The Emily Program is a for-profit company owned by Dr. Di Miller. Dirk's sister, Emily, struggled with anorexia and bulimia and Dirk d dicated has k dedicated his career to helping those struggling with eating disorders. We also have a non-profit entity called The Emily Program Foundation. The foundation's mission is to eliminate eating disorders and its work is categorized by four pillars- advocacy, research, education and community support. Is Dr.Miller the sole owner?What was Emily Program's annual rvenue in the past 5 years?What is the average revenue per clinic?How much of that is net profit? 2. Who makes up the management of The Emily Program? Dirk is The Emily Program's Executive Director. Our Board cqnsists of 12 additional members from many different disciplines (psychology, nutrition, business, etc). All Directors have tremendous experience in their field and a passion for eating disorder treatment. Who are they?Can you include each of their bios?What kind of cc}mpensation do they receive? 3. How many jobs will be created by opening an Orono clinic Approximately 30 jobs would be created, many of which wou d be part-time. How many would be part-time? Can you list the actual job descrip4ions of the people who will be employed in your proposed Orono clinic?What kind of background checks do they ndergo before being employed by you? 4 I 4. How do you generate leads and market The Emily Progra to get patients? *I I 5 Most of our referrals (over 52%) come from healthcare profe sionals (i.e. family practice physicians, dentists, school counselors, hospi als, infertility clinics, physical therapists, etc.). Another 34% co e from family members/friends of someone struggling and previous/ urrent clients who recommend the program. Do you pay for referrals?If so,how much? 5. In what other locations are you considering opening clinic ? We consider unique properties (beautiful and healing settings safe and welcoming communities, etc.)throughout the Metro and grea er Minnesota. How many are you currently considering?Where,specifically,are they? 6. If you don't get the CUP and setback changes approved for the Hill School property, will you look for another location in Orono or the western suburbs? Possibly. It would require, however, finding a beautiful, safe and unique property like the Hill School. We consider the Hill School to e a RARE find, due to the property's history, design, setting, proximity tb the Minnetonka Center for the Arts and much more. It's unlikely Oat we would find such a perfect fit for The Emily Program right away. i What are the terms of your agreement with the current owner(s)Of the Hill School to purchase the property? On Feb 12, 2010, at 1:28 PM, Lindsay Brown wrote: Shari, Thanks for your email. I'm glad that you'll be joining us at the neighborhood gathering next Wednesday. I will check with the City of Orono to see if I can get another sign to post at the Hill School. Please see my responses to your questions below. I've answered those that I'm able to. 1. What type of organization is The Emily Program? The Emily Program is a for-profit company owned by Dr. Dir Miller. Dirk's sister, Emily, struggled with anorexia and bulimia and Dirk d dicated has dedicated his career to helping those struggling with eating di orders. We also have a non-profit entity called The Emily Program Found tion. The foundation's mission is to eliminate eating disorders and its work is 5 Aii I (12 categorized by four pillars- advocacy, research, education and community support. 2. Who makes up the management of The Emily Program? Dirk is The Emily Program's Executive Director. Our Board c nsists of 12 additional members from many different disciplines (psychol gy, nutrition, business, etc). All Directors have tremendous experience in th it field and a passion for eating disorder treatment. 3. How many jobs will be created by opening an Orono clinic Approximately 30 jobs would be created, many of which wou d be part-time. 4. How do you generate leads and market The Emily Program to get patients? Most of our referrals (over 52%) come from healthcare profes ionals (i.e. family practice physicians, dentists, school counselors, hospit ls, infertility clinics, physical therapists, etc.). Another 34% corn from family members/friends of someone struggling and previous/c, ent clients who recommend the program. 5. In what other locations are you considering opening clinics? We consider unique properties (beautiful and healing settings, safe and welcoming communities, etc.)throughout the Metro and greater Minnesota. 6. If you don't get the CUP and setback changes approved for the Hill School property, will you look for another location in Orono or the western suburbs? Possibly. It would require, however, finding a beautiful, safe and unique property like the Hill School. We consider the Hill School to be a RARE find, due to the property's history, design, setting, proximity to the Minnetonka Center for the Arts and much more. It's unlikely t at we would find such a perfect fit for The Emily Program right away. Best regards, Lindsay Original Message From: Shari Danielson [mailto:sharidanielson@mac.com] Sent: Friday, February 12, 2010 9:17 AM To: Lindsay Brown Subject: one request and several questions I Hello, Lindsay. Hope you're having a good Friday. I saw the City of Orono sign posted on the side of the Hill Sch of Building. Thanks for getting it up. However, it is facing Briar treet --the side street on which there is almost no traffic; very few 6 people, unless they are looking for it like I was, will see it. Could you please see that it gets posted on the corner of Northshore Drive (Rt. 51) and Briar so more people will see it? Also, I was searching the Emily Program web site for more i i ormation about your company, but could find very little. Here is what I's like to know before our meeting next Wednesday: 1. What type of organization is the Emily Program?A non-profit? For- profit? Is it privately owned? If so, by whom? What is the co 'orate structure? 2. Who makes up the management of Emily Program? Who sits on your board of directors? What are their backgrounds? What kind o compensation do they receive? 3. How much income is generated by one of your clinics on a yearly basis?How much of that is profit? 4. How many jobs will be created by opening an Orono clinic? 5. How do you generate leads and market the Emily Program$o get patients? 6. In what other locations are you considering opening clinics? 7. If you don't get the CUP and setback changes approved for Xhe Hill School property, will you look for another location in Orono dr the western suburbs? Thanks, Lindsay. I appreciate your response to my questions. Regards, Shari Danielson Original Message From: Shari Manolas Danielson To: twhiteci.orono.mn.us ; cbremeraci.orono.mn.us ; Imcmillan cCDci.orono.mn.us ; imurphv angoldengate.net; dfranchotaci.orono.mn.us ; Iorensaatt.net ; denise( wlwd.com ; tessrCa.minnbankers.com ;jonschwinq anaol.com ; jaznicl c mchsi.com ; lufeussa.feusslaw.com Cc: Clark Winslow ; Shari Danielson ; Heidi Clear ; JAMES BROUC K; brvantmnamchsi.com ; Steve Clear; Scott Danielson ; Sandy Dess ; David Dess ; Tv&Jeanne Fayfield ; deve n.i. eorge mail.com ; Kevin & Shelly Gwash ; marciahanson02agmail.com ; Harlan Hanson ; Dana Johnson ; rcl x alatusllc.com ; John Palombo ; susan a.grant- palombo.com ; Tony& Linda Patterson ; Andrea Siegert; Sharon inslow Sent: Tuesday, February 16, 2010 2:38 PM Subject: PLEASE Vote NO to Hill School rezoning My French Creek neighbors and I are strongly opposed to the conditional use permit and setback variances that the City of Orono is considering for the Hill School property. 414 Our primary concern is opening the door to a 24-a-day/7-day-aweek inpatient medical clinic in an exclusively residential neighborhood -- and the detrimental effects that will have on our community. There are six other communities in Minnesota in which an Emil Project clinic is located; all have been developed in mixed-use areas, with some combination of retail, light industri I, medical or professional offices-- as well as residential. Our community, except for the Arts Center, is exclu ively residential. Why even consider making an exception for this organization? No other communities have. As a 24/7 medical facility, there will be up to 30 employees wor ing at the Emily Project-- and any subsequent rehab center that moves into that space-- around the clock, seven days a week! There will be lights, there will be noise, there will be people from outside the neighborhood drivin in and out of our community-- at all hours of the day and night. In addition, we understand representatives from he Emily Program have already requested additional parking from the Minnetonka Center for the Arts bec use they realize the number of spaces on the Hill School property are inadequate for their needs. i I Furthermore, what kinds of safeguards will beguaranteed to pr4vent this property 9 p � p p y-- once the Emily Project, some day, moves out--from turning into a detention center for troubled teens?A lock-up for low-risk criminals? A rehab facility for alcoholics? Drug addicts? Sex offenders? Because once the City of Orono decides to make these proposed changes, anything goes. Any attempt to add a rider to the CUP mandating that the zoning revert back to residential/school when the Emily Program leaves will not be enough to withstand a legal challenge from a new prospective tenant. In addition, as the owner and director of the Emily Project-- Dr. Dirk Miller-- also has a background in drug and alcohol rehabilitation, what is to prevent him, in the future, from Changing the charter of his for-profit clinics to accommodate drug-and alcohol-addicted patients at the Hill School property? We are also concerned about the viability of the Emily Program, its motivation for transforming a historic Orono schoolhouse into a 24/7 inpatient clinic in a residential neighbor ood, and the stability of is management team. We have asked its representatives for some assurances along thes lines, financial information that includes its director/owner's net worth, his assets and liabilities, how much h will be borrowing to complete the project, what are the expected profits of the clinic, how the other Metro area c inics are doing financially, if a clinic has ever been closed and why?, etc. So far, the Emily Program has refused to answer any of our questions. Another of our concerns is that the neighborhoods surrounding the Hill School property have not been properly notified of the proposed zoning changes. The 300-foot circumference rule is not the good-faith gesture that we would expect from Orono City Council, whose mission is to "pre erve our local character and identity"-- not to support business development at any cost. That's why we urge you protect the neighborhood around the Hil School --the Arts Center, the playground, the post office, the Dakota Trail, and the 88 families and their homes--a d vote no to the Emily Program's request for a CUP and setback variances. 8 0119 Thank you. Shari Danielson for the French Creek Home Owners'Associatio 1 9 64)t 1M OW kr lit Wi L-UT1 r c6i z'2-4 20 10 Maddie, Mike From: Maddie, Mike COUNCIL EXHIBIT B Sent: Thursday, February 18, 2010 12:54 P To: 'MCurtis@ci.orono.mn.us' Public Comments / Information Cc: 'Shari Danielson'; Melissa Maddie #2 Subject: Emily Program - Moratorium Request n CUP vote Melanie— Thank you for allowing some of us to have a few minutes of floor t�me with the planning commission Tuesday evening (2/16). Most of us didn't realize the issue at hand was only the ga age variance. The agenda read CUP and related variances so we inferred the discussion included the CUP. Would you kindly forward this email to the members of the planning commission and city council ... On behalf of the surrounding community to theHill School we'd like to respectfully request a moratoriu m on the CUP vote until the community has had a chance to gather some indepe dent and objective facts with respect to the Emily program's presence and impact in the residential communities in hich they operate. Our desire is to allow time for several of us to gather this perspective from discussions with resid nts in the communities of Chaska, St. Paul, and St. Louis Park in which the Emily program operates. We'd also like th time to review public records in the surrounding communities to check for any issues related to the Emily program. Additionally,we'd also like time to confer with a few real estate professionals and appraisers in the area to understand What, if any, is the impact to surrounding property values should a treatment center be introduced. Our intention is tb gather relevant facts so we all can develop a more informed perspective and opinion for all parties involved, specifically the surrounding community and both our planning commission and city council members. This will help to take the emotion out of the discussion and focus on facts. If it would please the city, we'd like to engage this research collectively]with either a few members of planning commission or city council in order to provide transparency in our approach and ensure no personal perspectives influence the presentation of this data. i All indications are that this program could in fact be a great additi n to the community, and clearly, do some real good in people's lives. Again,their charter is exceptional. However, as community we owe it to ourselves to ensure we understand all considerations in this matter from an independent Ond objective perspective. Substance over form, please do consider that this program is a for profit business entity which is marketing itself to the city in return for a license to operate a business. In any business negotiation, any logical person is going sell their best points and not air I any downsides or dirty laundry. Our objective is not to refute any statements discussed in previous meetings but simply do some fact finding and bring in relevant perspectives from other,residential communities that are separate and distinct to the Orono discussion. Based on what the Emily progranp has communicated in recent discussions, we should find nothing but positive feedback from the surrounding residents •f their facilities. If true, this information should be considered in council discussions and presented to the community To recap recent events, here is a list of relevant concerns the com unity has expressed: 1. Is there enough space for this facility to operate without i terrupting the culture and tranquility of the immediate and surrounding neighborhoods? 2. Why can't we abide to the 100 foot setback requirement for hospital type facilities, why would we make an exception to this in a clearly residential area? 3. If there are 10 patients in the facility and 5-10 personnel •rking the facility at any one time as stated by delegates of the Emily program,will parking overflow on t e weekends during visitations... can Briar Street accommodate this? What is the impact to the neighborho•d? 4. If a CUP is to be approved, how will it be structured to pro'ect the community from another treatment center or halfway house whose residents could pose a clear risk to r:sidents and their children? Will the community have full disclosure with respect to the language of the permit? 1 5. What assurances or solutions exist to ensure the "scope" of this facility can only be used for the treatment of eating disorders, and not other psychiatric disorders or ail ents should the Emily program choose to extend the scope of their practice? How will this be monitored and co mmunicated to the community? 6. What due diligence or fact finding has the city done with o her communities or public records in which this program operates, and if yes, when can this information b. shared with the community? 7. What is the impact to the neighborhood and community ith a 24/7 non-lock down psychiatric facility? 8. How often are emergency vehicles engaged with the facili lies(will public records be shared)? 9. How often do patients flee? It's a non-lock facility and Pro:ram members indicated this has happened in the past (will records and statistics be shared)? 10. What is the impact to property values should a treatment enter be introduced into the community? Has the city done any investigation or due diligence on behalf oft e residents? If yes,when can this information be shared with the residents? 11. If a CUP is passed and future operations do become a nuis nce to the Crystal Bay neighborhood, what then? Can Briar St be closed at the end of the Hill School to isola e it from the neighborhood? 12. Why can't the city engage in business development activiti s to assist in finding a tenant for this clearly historic building other than a treatment facility? Why not a public,library, learning center, another private school program, or business that doesn't involve 24/7 operations'in a quite neighborhood? How can the community and council come together to support this activity? 13. Given the magnitude of concern with the surrounding corinmunity,why not shift the discussion to an interim use permit on an annual basis for 2-3 years? If,after this time,the Emily program is in fact a positive impact on the community as they indicate it will be,then we vot for a CUP with restrictions on use,should the program relocate. Prior to any independent fact finding r nd its presentation to the community,this would seem to be the most logical approach for all interested p rties. Lastly, the surrounding community is clearly upset and our faith in he process injured based on how notifications and the permit posting on the school played out. How do we improve he notification procedure for future matters of this type beyond the 300 foot rule to ensure community members are ffectively notified? Most of us in the community discovered what was happening by an email sent by the Emily pro ram and forwarded throughout the surrounding community. The city did indicate they sent a formal notice to residents within 300-350 feet of the building but only a very small minority received any notification whatsoever. As mentioned, no sign was ever posted on the Hill School indicating a permit was in application as is required by ordinance. Surely these issues were not intentional, but it is creating the perception,and again just a perception, that this matter is being fast tracked. i In summation, please consider this a formal request for a moratori am on the CUP vote until the community has had a chance to gather some independent and objective facts, hopefully in coordination with the city. We'd like to work with the city to set a future council date in which to review this information and then afterwards, proceed forward with the vote on yes or no, and if yes, on the type and structure of the permit to be issued. Thank you for your time and consideration of this matter, Mike Maddie Mike Maddie Strategy & Business Development Best Buy, Co. Inc. 7601 Penn Avenue South Richfield, MN 55423-3645 Office: 612.291.5694 Cell: 612.804.5643 Loc: C4-853 2 42.( City of Orono Note:As of 2/20/10 Canvas Vote on CUP for Emily program at the Hill School Z13 Scope- Immediate Community Surrounding the Hill School For: City Council Discussion 2/22/2010 Constituent Count Vote Yes or No Street Addr Street Name Constituent Name Per Household on CUP for Hill School ;4x 2385 Northshore 0 NorthShore Dr 2265 Northshore 0 gn ;'; ., 2285 Northshore 2 Unknown 1360 French Creek Drive 2 No 1300 French Creek Drive 2 No 1270 French Creek Drive 2 No 1250 French Creek Drive 2 No 1260 French Creek Drive 2 No 1290 French Creek Drive 2 No 1370 French Creek Drive 2 No 1205 French Creek Drive 2 No 1209 French Creek Drive 2 No ti 1285 French Creek Drive 2 No E 1345 French Creek Drive 2 No � x 2280 French Creek Circle 2 No 2250 French Creek Circle 2 No 2220 French Creek Circle 2 No 2255 French Creek Circle 2 No 2235 French Creek Circle 2 No 1395 Arbor Street 2 No 1385 Arbor Street 1 Unknown 1365 Arbor Street 1 No 1355 Arbor Street 2 No 1335 Arbor Street 1 Unknown 1380 Arbor Street 2 Yes Forthcoming 1295 Arbor Street 2 No 1285 Arbor Street 2 No 1271 Arbor Street 2 No 1261 Arbor Street 2 No 1290 Arbor Street 2 No 1270 Arbor Street 1 Unknown 1250 Arbor Street 1 Unknown 2140 Prospect Ave 2 Unknown 2150 Prospect Ave 2 No Crystal Bay 2160 Prospect Ave 1 No 2170 Prospect Ave 1 No 2180 Prospect Ave 2 No 2195 Prospect Ave 1 No 1380 Briar Street 2 No 1335 Briar Street 1 No 1295 Briar Street 2 Unknown 1291 Briar Street 2 Unknown 1261 Briar Street 2 No 1251 Briar Street 2 Unknown 1250 Briar Street 2 Unknown 1270 Briar Street 1 No 1290 Briar Street 1 Unknown 2160 Crystal Ave 2 No 1251 S Brown Road 2 Unknown 1375 S Brown Road 1 Unknown 84 Yes 2 2% No 62 74% Unknown 20 24% Total 84 100Y Canvas Totals Yes or No Vote 64 Yes 3% No 97% Canvas as%of Pop 76% 1 Chaska Police Department *201 t Incident Date Reported<=02/18/10 And Scene House Number=112067 And Scene House Number=112068 And Scene Street=Stone Creek Dr And Incident NCIC=MN0100200 Location Report Printed On: Thu, Feb 18, 2010 Address: Location: Place Committed: Street: Stone Creek Dr Nb.Low: 112067 Suffix: ' Nb.High: Unit Nbr/Type: City: Chaska State: MN Zip Code. 55318 Intersection: Date Reported Case Number Offense Code Literal 12/17/2000 2000013658 9881 Vehicle/Residence ockout 12/21/2000 2000013812 9730 Sick&Injured Pers ns/All Others 01/03/2001 2001000108 9730 Sick&Injured Persons/All Others 02/20/2001 2001001832 9730 Sick&Injured Persons/All Others 04/03/2001 2001003226 9730 Sick&Injured Persbns/All Others 04/08/2001 2001003385 9730 Sick&Injured Persons/All Others 09/25/2001 2001010026 9730 Sick&Injured Persbns/All Others iit 10/07/2003 2003012299 9711 SUICIDE THREATENED/NO ACTUAL.ATTEMPT 12/31/2003 2003015880 9807 Prowler Complaint 03/30/2004 2004004205 9808 Complaints RE:Juveniles 04/23/2004 2004005170 9301 Persons Lost I 06/19/2004 2004007920 9730 Sick&Injured Persns/A11 Others 08/18/2004 2004010823 9802 Public Assists 09/04/2004 2004011669 9800 MISC.Incidents,all others 09/30/2004 2004013050 9740 Mental Health Concbrn 10/06/2004 2004013401 9800 MISC.Incidents,all;others 11/15/2004 2004015204 9866 Info Report d 02/14/2005 2005001891 9730 Sick&Injured Pers ns/All Others 04/06/2005 2005004104 9810 Suspicion by Public vehicle,person,etc) 04/26/2005 2005004984 9730 Sick&Injured Pers s/All Others 06/22/2005 2005007940 9810 Suspicion by Public(vehicle,person,etc) 09/11/2005 2005011851 9301 Persons Lost 10/08/2005 2005013120 9731 Medical-Heart Attabks 10/09/2005 2005013158 9731 Medical-Heart Attabks 11/02/2005 2005014242 9730 Sick&Injured Persons/All Others 12/25/2005 2005016447 9730 Sick&Injured Persons/All Others 12/27/2005 2005016518 9730 Sick&Injured Perso s/All Others 01/20/2006 2006000944 9711 SUICIDE THREAT NED/.NO ACTUAL ATTEMPT 02/22/2006 2006002375 9740 Mental Health Conce n 02/22/2006 2006002375 9909 Emergency Commit ent,Officer Initiated 03/19/2006 2006003433 9810 Suspicion by Public( ehicle,person,etc) 09/23/2006 2006011813 9730 Sick&Injured Perso s/All Others 10/13/2006 2006012620 9740 Mental Health Conce 1 Licensed to Chaska Police D partment Page 1 of 3 *215 Chaska Police Department Location Report Printed On: Thu, Feb 18, 2010 02/12/2007 2007001519 9711 SUICIDE THREATENED/NO ACTUAL ATTEMPT 06/03/2007 2007005824 9810 Suspicion by Public(vehicle,person,etc) 06/11/2007 2007006222 9800 MISC.Incidents,all others 07/26/2007 2007008221 9730 Sick&Injured Persons/All Others 07/27/2007 2007008268 9800 MISC.Incidents,all others 08/01/2007 2007008466 9301 Persons Lost 08/02/2007 2007008525 9800 MISC. Incidents,all others 09/15/2007 2007010366 9812 Unknown 911 Calls 10/01/2007 2007011077 9711 SUICIDE THREA NED/NO ACTUAL ATTEMPT 10/01/2007 2007011077 9909 Emergency Commit ent,Officer Initiated 10/31/2007 2007012396 9740 Mental Health Conc m 10/31/2007 2007012396 9909 Emergency Cornmi ent,Officer Initiated 10/31/2007 2007012396 9967 Subject Resistance eport 11/18/2007 2007013124 9301 Persons Lost 11/21/2007 2007013239 9301 Persons Lost 01/18/2008 2008000661 9740 Mental Health Conciern 06/06/2008 2008006229 9800 MISC.Incidents,all others 06/16/2008 2008006716 9711 SUICIDE THREATENED/NO ACTUAL ATTEMPT 06/16/2008 2008006716 9909 Emergency Commit' ent,Officer Initiated 07/07/2008 2008007620 9740 Mental Health Conc m 07/07/2008 2008007620 9909 Emergency Commit ment,Officer Initiated 08/07/2008 2008008896 9740 Mental Health Conc rn 08/18/2008 2008009334 9301 Persons Lost 09/01/2008 2008009854 9301 Persons Lost 09/01/2008 2008009855 9730 Sick&Injured Persons/All Others 09/01/2008 2008009861 9730 Sick&Injured Persons/All Others 09/07/2008 2008010095 9301 Persons Lost 09/18/2008 2008010481 9301 Persons Lost 09/19/2008 2008010525 9301 Persons Lost 09/24/2008 2008010733 9301 Persons Lost 09/24/2008 2008010737 9730 Sick&Injured Persons/All Others 12/06/2008 2008013511 9730 Sick&Injured Persons/All Others 12/07/2008 2008013542 9730 Sick&Injured Persons/All Others 12/13/2008 2008013788 9895 Carbon Monoxide ' arm 01/16/2009 2009000555 9810 Suspicion by Public vehicle,person,etc) 02/03/2009 2009001256 9711 SUICIDE THREAT NED/NO ACTUAL ATTEMPT 02/03/2009 2009001256 9909 Emergency Commit ment,Officer Initiated 06/16/2009 2009006023 9881 Vehicle/Residence ockout 06/18/2009 2009006099 9730 Sick&Injured Persons/All Others 06/28/2009 2009006469 9301 Persons Lost 12/03/2009 2009012166 9860 Dog At Large 12/03/2009 2009012166 9863 Animal Impound 12/11/2009 2009012440 9730 Sick&Injured Persons/All Others Licensed to Chaska Police 4)epartment Page 2 of 3 . 42'1 0 Chaska Police Department Location Report Printed On: Thu, Feb 18, 2010 12/11/2009 2009012458 9731 Medical-Heart Attacks Total: 77 Address: Location: Place Committed: Street: Stone Creek Dr Nb.Low: 112068 Suffix: Nb.High: Unit Nbr/Type: City: Chaska State: MN Zip Code: 55318 Intersection: Date Reported Case Number Offense Code Literal 03/01/2001 2001002150 9730 Sick&Injured Pers ns/A11 Others 04/09/2001 2001003399 9720 SUDDEN DEATH /BODIES FOUND,NOT SUICIDES 04/09/2001 2001003399 9730 Sick&Injured Pers ns/A11 Others 06/04/2001 2001005481 9440 Property Damage Aq=cidents 09/04/2001 2001009209 9730 Sick&Injured Persons/All Others 09/24/2001 2001010007 9730 Sick&Injured Persmns/AIl Others -47710/15/2003 2003012684 9813 Welfare Check 02/02/2007 2007001180 9895 Carbon Monoxide Alarm Total: 8 Offenses Grand Total: 85 Location Grand Total: 2 III Licensed to Chaska Police apartment Page 3 of 3 Saint Paul Police D artment *7011 p Address/Intersection Report Address Search: 2265 COMO AV Incident Total Records: 163 date from 01/01/2007 to 02/19/2010 (Sector 1, Grid 22) Complaint# Occur Date&Time House No Incident Type Dispo Apt# 09266565 12/17/2009 18:00:00 2265 AGG ASSAULT-W/FIST,FEET,ETC RR 09247218 11/19/2009 22:11:00 2265 DISTURBANCE-SUSPICIOU$PERSON,CAR, ADV ACTIVITY 09245268 11/17/2009 11:43:53 2265 OFF DUTY EMPLOYMENT ADV 09229888 10/27/2009 12:45:03 2265 OFF DUTY EMPLOYMENT ADV 09221328 10/15/2009 11:45:52 2265 OFF DUTY EMPLOYMENT ADV 09215554 10/07/2009 11:42:30 2265 OFF DUTY EMPLOYMENT ADV 09203589 09/21/2009 12:00:56 2265 OFF DUTY EMPLOYMENT ADV 09177158 08/20/2009 11:56:11 2265 OFF DUTY EMPLOYMENT ADV 09176186 08/18/2009 08:34:00 2265 THEFT-ALL OTHER,UNDER$500 RR 09122214 06/16/2009 11:34:34 2265 TRAFFIC ACCIDENT-PROPERTY DAMAGE,HIT tGOA RUN 09116728 06/10/2009 08:33:08 2265 TRAFFIC ACCIDENT-PROPERTY DAMAGE,HIT tADV RUN 09078988 04/24/2009 15:14:39 2265 FAMILY/CHILDREN-MENTALNULNERABLE ADV ADULT 09023568 02/06/2009 16:30:00 2265 INVESTIGATE-AND ALL OTHER RR 09004194 01/07/2009 12:19:27 2265 OFF DUTY EMPLOYMENT ADV 09003462 01/06/2009 12:11:53 2265 OFF DUTY EMPLOYMENT ADV 09003427 01/06/2009 10:54:40 2265 ASS-ASSIST FIRE/AMBULANCE ADV 100 - / 08240011 11/18/2008 13:06:48 ' 2265 DEATH-SUICIDE IN PROGRESS ADV 08158592 07/30/2008 15:00:00 2265 THEFT-ALL OTHER,UNDER$500 RR 08154203 07/30/2008 11:12:38 if 2265 DEATH-ATTEMPT SUICIDE ADV 08114838 06/17/2008 17:00:00 2265 THEFT-ALL OTHER,UNDER 5500 RR 100 08111831 06/14/2008 15:51:23 ✓2265 DEATH-ATTEMPT SUICIDE ADV 201 08057745 04/02/2008 16:24:45 ,/2265 DEATH-ATTEMPT SUICIDE ADV 08056858 04/01/2008 10:10:49 .V265 DEATH-ATTEMPT SUICIDE ! ADV 08021202 02/05/2008 09:53:00 /2265 HARASSMENT-PHONE CALLS RR 201 08018089 01/31/2008 19:22:24 v/ 2265 INVESTIGATE-JUVENILE ADV 07221823 11/05/2007 15:13:09 2265 OFF DUTY EMPLOYMENT ADV 07180629 09/08/2007 08:05:00 2265 OFF DUTY EMPLOYMENT ADV 07180618 09/08/2007 07:34:45 2265 OFF DUTY EMPLOYMENT ADV 07179065 09/06/2007 11:00:27 2265 TRAFFIC VIOLATION-OTHE PARKING ADV VIOLATIONS 07178383 09/05/2007 12:07:19 2265 OFF DUTY EMPLOYMENT ADV 07177555 09/04/2007 09:33:11 2265 OFF DUTY EMPLOYMENT ADV 07173795 08/30/2007 09:20:52 2265 OFF DUTY EMPLOYMENT ADV Information requested by: (456245) 1 Printed at:2/19/2010 3:28:23 PM Saint Paul Police Department Address/Intersection Report Address Search: 2265 COMO AV Incident Total Records: 163 date from 01/01/2007 to 02/19/2010 (Sector 1, Grid 22) Complaint# Occur Date&Time House No Incident Type Dispo Apt# 07172282 08/28/2007 09:09:26 2265 OFF DUTY EMPLOYMENT ADV 07171534 08/27/2007 09:35:51 2265 OFF DUTY EMPLOYMENT ADV 07168431 08/23/2007 09:01:40 2265 OFF DUTY EMPLOYMENT ADV 07167006 08/21/2007 12:12:29 2265 OFF DUTY EMPLOYMENT ADV 07166384 08/20/2007 11:49:18 2265 OFF DUTY EMPLOYMENT ADV 07164377 08/17/2007 12:53:59 2265 OFF DUTY EMPLOYMENT ADV 07161996 08/14/2007 12:32:53 2265 OFF DUTY EMPLOYMENT ADV 07158934 08/10/2007 12:03:26 2265 OFF DUTY EMPLOYMENT ADV 07157421 08/08/2007 12:15:44 2265 OFF DUTY EMPLOYMENT ADV 07156405 08/07/2007 12:55:51 2265 OFF DUTY EMPLOYMENT ADV 07151831 08/01/2007 12:02:42 2265 OFF DUTY EMPLOYMENT ADV 07149349 07/30/2007 08:16:34 2265 ALARMS CAN 07147147 07/27/2007 12:20:54 2265 OFF DUTY EMPLOYMENT ADV 07146390 07/26/2007 12:19:59 2265 OFF DUTY EMPLOYMENT j ADV 07145590 07/25/2007 12:11:17 2265 OFF DUTY EMPLOYMENT ADV 07144855 07/24/2007 13:22:01 2265 OFF DUTY EMPLOYMENT ADV 07144127 07/23/2007 14:07:00 2265 VEHICLE MAINTENANCE-WASH RR 07144097 07/23/2007 13:18:50 2265 OFF DUTY EMPLOYMENT ADV 07141501 07/20/2007 12:00:32 2265 OFF DUTY EMPLOYMENT ADV 07140008 07/18/2007 12:26:49 2265 OFF DUTY EMPLOYMENT ADV 07138477 07/16/2007 12:55:30 2265 OFF DUTY EMPLOYMENT ADV 07135268 07/12/2007 12:22:19 2265 OFF DUTY EMPLOYMENT ADV 07134460 07/11/2007 11:52:17 2265 OFF DUTY EMPLOYMENT ADV 07133679 07/10/2007 12:06:57 2265 OFF DUTY EMPLOYMENT ADV 07130765 07/06/2007 12:25:34 2265 OFF DUTY EMPLOYMENT ADV 07129908 07/05/2007 14:15:00 2265 TRAFFIC ACCIDENT-PROPOTY DAMAGE RR ACCIDENT 07129907 07/05/2007 12:48:53 2265 OFF DUTY EMPLOYMENT ADV 07127815 07/03/2007 12:12:02 2265 OFF DUTY EMPLOYMENT ADV 07126989 07/02/2007 12:31:11 2265 OFF DUTY EMPLOYMENT ADV 07123681 06/28/2007 14:00:15 2265 OFF DUTY EMPLOYMENT ADV 07122707 06/27/2007 12:18:30 2265 OFF DUTY EMPLOYMENT ADV 07121965 06/26/2007 12:22:24 2265 OFF DUTY EMPLOYMENT ADV 07121174 06/25/2007 12:06:39 2265 OFF DUTY EMPLOYMENT ADV 07119612 06/23/2007 09:21:06 2265 OFF DUTY EMPLOYMENT ADV 07118750 06/22/2007 12:12:17 2265 OFF DUTY EMPLOYMENT ADV Information requested by: (456245) 2 Printed at:2/19/2010 3:28:23 PM Saint Paul Police Department *21 Address/Intersection Report Address Search: 2265 COMO AV Incident Total Records: 163 date from 01/01/2007 to 02/19/2010 (Sector 1, Grid 22) Complaint# Occur Date&Time House No Incident Type Dispo Apt# 07117049 06/20/2007 12:29:27 2265 OFF DUTY EMPLOYMENT ADV 07113912 06/16/2007 07:51:14 2265 OFF DUTY EMPLOYMENT ADV 07113098 06/15/2007 12:21:58 2265 OFF DUTY EMPLOYMENT ADV 07112324 06/14/2007 11:57:30 2265 OFF DUTY EMPLOYMENT ADV 07110770 06/12/2007 13:35:39 2265 OFF DUTY EMPLOYMENT ADV 07108341 06/09/2007 08:22:24 2265 OFF DUTY EMPLOYMENT ADV 07107661 06/08/2007 15:04:59 2265 OFF DUTY EMPLOYMENT ADV 07106080 06/06/2007 12:01:37 2265 OFF DUTY EMPLOYMENT ADV 07105325 06/05/2007 12:03:09 2265 OFF DUTY EMPLOYMENT ADV 07102940 06/02/2007 07:44:58 2265 OFF DUTY EMPLOYMENT ADV 07102147 06/01/2007 11:52:05 2265 OFF DUTY EMPLOYMENT ADV 07101277 05/31/2007 12:34:00 2265 OFF DUTY EMPLOYMENT ADV 07100397 05/30/2007 11:56:34 2265 OFF DUTY EMPLOYMENT ADV 07099624 05/29/2007 12:03:05 2265 OFF DUTY EMPLOYMENT ADV 07096649 05/25/2007 12:19:06 2265 OFF DUTY EMPLOYMENT ADV 07095919 05/24/2007 11:54:59 2265 OFF DUTY EMPLOYMENT ADV 07095195 05/23/2007 11:59:59 2265 OFF DUTY EMPLOYMENT ADV 07094469 05/22/2007 12:11:33 2265 OFF DUTY EMPLOYMENT ADV 07093703 05/21/2007 12:12:38 2265 OFF DUTY EMPLOYMENT ADV 07092249 05/19/2007 07:50:47 2265 OFF DUTY EMPLOYMENT ADV 07090648 05/17/2007 12:09:56 2265 OFF DUTY EMPLOYMENT ADV 07089964 05/16/2007 11:52:15 2265 OFF DUTY EMPLOYMENT ADV 07088551 05/14/2007 13:35:31 2265 OFF DUTY EMPLOYMENT ADV 07085445 05/10/2007 13:43:41 2265 OFF DUTY EMPLOYMENT ADV 07083890 05/08/2007 12:12:25 2265 OFF DUTY EMPLOYMENT ADV 07083276 05/07/2007 14:48:26 2265 OFF DUTY EMPLOYMENT ADV 07081685 05/05/2007 07:47:20 2265 OFF DUTY EMPLOYMENT ! ADV 07081020 05/04/2007 12:15:55 2265 OFF DUTY EMPLOYMENT ADV 07078879 05/01/2007 12:18:15 2265 OFF DUTY EMPLOYMENT ADV 07078230 04/30/2007 12:21:14 2265 OFF DUTY EMPLOYMENT ADV 07076754 04/28/2007 07:44:18 2265 OFF DUTY EMPLOYMENT ; ADV 07073965 04/24/2007 12:09:38 2265 OFF DUTY EMPLOYMENT ADV 07073297 04/23/2007 12:04:18 2265 OFF DUTY EMPLOYMENT ADV 07071849 04/21/2007 07:46:01 2265 OFF DUTY EMPLOYMENT ADV 07071097 04/20/2007 12:00:43 2265 OFF DUTY EMPLOYMENT ADV 07070436 04/19/2007 12:54:34 2265 OFF DUTY EMPLOYMENT ADV Information requested by: (456245) 3 Printe at:2/19/2010 3:28:23 PM t#41 Saint Paul Police Department 10 Address/Intersection Report Address Search: 2265 COMO AV Incident Total Records: 163 date from 01/01/2007 to 02/19/2010 (Sector 1, Grid 22) Complaint# Occur Date&Time House No Incident Type Dispo Apt# 07069745 04/18/2007 12:06:58 2265 OFF DUTY EMPLOYMENT ADV 07069059 04/17/2007 12:13:40 2265 OFF DUTY EMPLOYMENT ADV 07068386 04/16/2007 12:25:43 2265 OFF DUTY EMPLOYMENT ADV 07066890 04/14/2007 07:57:47 2265 OFF DUTY EMPLOYMENT ADV 07066195 04/13/2007 12:20:02 2265 OFF DUTY EMPLOYMENT ADV 07065515 04/12/2007 12:05:23 2265 OFF DUTY EMPLOYMENT ADV 07064921 04/11/2007 11:53:17 2265 OFF DUTY EMPLOYMENT ADV 07064348 04/10/2007 12:16:12 2265 OFF DUTY EMPLOYMENT ' ADV 07063758 04/09/2007 14:25:01 2265 OFF DUTY EMPLOYMENT ADV 07061816 04/06/2007 12:51:29 2265 OFF DUTY EMPLOYMENT ADV 07060535 04/04/2007 12:01:14 2265 OFF DUTY EMPLOYMENT ADV 07059930 04/03/2007 11:52:19 2265 OFF DUTY EMPLOYMENT ADV 07057908 03/31/2007 07:43:45 2265 OFF DUTY EMPLOYMENT ! ADV 07057281 03/30/2007 12:18:58 2265 OFF DUTY EMPLOYMENT ADV 07055963 03/28/2007 12:23:23 2265 OFF DUTY EMPLOYMENT ADV 07054605 03/26/2007 12:42:13 2265 OFF DUTY EMPLOYMENT ; ADV 07053094 03/24/2007 07:45:47 2265 OFF DUTY EMPLOYMENT ADV 07052358 03/23/2007 12:03:08 2265 OFF DUTY EMPLOYMENT , ADV 07051574 03/22/2007 12:18:07 2265 OFF DUTY EMPLOYMENT ' ADV 07050884 03/21/2007 12:22:02 2265 OFF DUTY EMPLOYMENT ADV 07049623 03/19/2007 14:21:22 2265 OFF DUTY EMPLOYMENT ADV 07048203 03/17/2007 07:57:36 2265 OFF DUTY EMPLOYMENT ADV 07047598 03/16/2007 12:53:27 2265 OFF DUTY EMPLOYMENT ADV 07047596 03/13/2007 09:00:00 2265 THEFT-ALL OTHER,$501 TO 1$1000 RR 07043402 03/10/2007 07:50:25 2265 OFF DUTY EMPLOYMENT ADV 07042134 03/08/2007 13:13:57 2265 OFF DUTY EMPLOYMENT ADV 07041433 03/07/2007 11:56:17 2265 OFF DUTY EMPLOYMENT !. ADV 07038849 03/03/2007 07:45:41 2265 OFF DUTY EMPLOYMENT ADV 07038322 03/02/2007 12:10:23 2265 OFF DUTY EMPLOYMENT ADV 07037778 03/01/2007 12:14:16 2265 OFF DUTY EMPLOYMENT ADV 07036518 02/27/2007 13:46:24 2265 OFF DUTY EMPLOYMENT ADV 07034492 02/24/2007 07:44:25 2265 OFF DUTY EMPLOYMENT ADV 07033910 02/23/2007 12:20:35 2265 OFF DUTY EMPLOYMENT ADV 07032450 02/21/2007 11:50:48 2265 OFF DUTY EMPLOYMENT ADV 07031744 02/20/2007 12:20:08 2265 OFF DUTY EMPLOYMENT ADV 07029841 02/17/2007 07:53:53 2265 OFF DUTY EMPLOYMENT ADV Information requested by: (456245) 4 Printed at:2/19/2010 3:28:23 PM Saint Paul Police Department I Address/Intersection Report Address Search: 2265 COMO AV Incident Total Records: 163 date from 01/01/2007 to 02/19/2010 (Sector 1, Grid 22) Complaint# Occur Date&Time House No Incident Type Dispo Apt# 07029248 02/16/2007 12:07:23 2265 OFF DUTY EMPLOYMENT ADV 07027978 02/14/2007 11:58:50 2265 OFF DUTY EMPLOYMENT ADV 07027384 02/13/2007 12:07:49 2265 OFF DUTY EMPLOYMENT ADV 07024209 02/08/2007 12:01:24 2265 OFF DUTY EMPLOYMENT ADV 07023588 02/07/2007 12:20:01 2265 OFF DUTY EMPLOYMENT ADV 07022212 02/05/2007 12:06:29 2265 OFF DUTY EMPLOYMENT ADV 07020533 02/02/2007 12:02:52 2265 OFF DUTY EMPLOYMENT ADV 07019322 01/31/2007 11:56:31 2265 OFF DUTY EMPLOYMENT ' ADV 07018708 01/30/2007 11:57:43 2265 OFF DUTY EMPLOYMENT ADV 07018095 01/29/2007 12:04:44 2265 OFF DUTY EMPLOYMENT ADV 07016273 01/26/2007 11:23:45 2265 OFF DUTY EMPLOYMENT ADV 07015651 01/25/2007 11:53:11 2265 OFF DUTY EMPLOYMENT ADV 07015016 01/24/2007 12:19:48 2265 OFF DUTY EMPLOYMENT ' ADV 07012491 01/20/2007 07:50:00 2265 OFF DUTY EMPLOYMENT ADV 07011917 01/19/2007 11:54:26 2265 OFF DUTY EMPLOYMENT ADV 07011252 01/18/2007 12:26:08 2265 OFF DUTY EMPLOYMENT ADV 07009950 01/16/2007 12:18:53 2265 OFF DUTY EMPLOYMENT ADV 07006077 01/10/2007 12:20:54 2265 OFF DUTY EMPLOYMENT ADV 07005313 01/09/2007 11:45:19 2265 OFF DUTY EMPLOYMENT ADV 07004645 01/08/2007 11:59:15 2265 OFF DUTY EMPLOYMENT ADV 07003340 01/06/2007 07:46:30 2265 OFF DUTY EMPLOYMENT ADV 07002662 01/05/2007 12:12:18 2265 OFF DUTY EMPLOYMENT ADV 07001353 01/03/2007 12:02:17 2265 OFF DUTY EMPLOYMENT ADV 07000770 01/02/2007 12:14:33 2265 OFF DUTY EMPLOYMENT ADV Information requested by: (456245) 5 Printed at:2/19/2010 3:28:23 PM Maddie, Mike *di" Zoo From: Melanie Curtis [MCurtis@ci.orono.mn.u.] Sent: Monday, February 22, 2010 11:52 AM To: Soren Mattick; Lili McMillan (lilim@mac. om); Cynthia Bremer(cbremer@fulbright.com); Doug Franchot(doug@franchotassocia es.com); 'ahprintup@aol.com'; 'sharidanielson@mac.com'; Maddie, Mi e Subject: FW: Message from Chaska Chief of Po ice Attachments: Scott Knight.vcf FYI - I received this today. I was unable to locate Mr. Steinhafel's email address. Melanie Melanie Curtis I 1952.249.4627 I mcurtisPci.orono.m .us Original Message From: Lindsay Brown [mailto:lindsay@emilyprogram.com] Sent: Monday, February 22, 2010 11:32 AM To: Jim White; Jim Murphy (jmurphy@goldengate.net) Cc: Melanie Curtis; 'Dirk Miller' ; Kitty Westin Subject: Message from Chaska Chief of Police g Dear Mayor White and Council Member Murphy, Please see the email below from the Chaska Chief of Police, Scott Knight, which addresses Mr. Printup and Mr. Steinhafel's concerns regarding our mpact on the Chaska community (police calls, etc.). Would you please forward this email to Mr. Steinhafe and Mr. Printup? Best regards, Lindsay M. Brown Original Message From: Scott Knight [mailto:SKnight@chaskamn.com] Sent: Monday, February 22, 2010 10:48 AM To: lindsay@emilyprogram.com Subject: Fwd: Anna Westin House To Whom It May Concern: I write to establish for the record to what, if any egree, the Anna Westin House positively, or negatively impacts my community. The Anna Westin House has operated in my city, in a residential area, for a decade (if not longer.) We receive no complaints, or concerns abou , or having anything to do with, the Anna Westin House. They have zero negative impact o the neighborhood, our community, and/or police/emergency operations. Over the course of time emergency personnel have res•onded there to render medical aid to persons in need, which is not unexpected, nor is it •isturbing. On rare occasions, we are asked to assist in locating persons who may be late 'n returning home, or who have simply taken a walk and not returned on time. None of the hese calls (and ultimate outcomes) have 3 given us pause, or presented a danger to anyone. To suggest that our police historical data record says otherwise would be a disingenuous misrepresentation of fact. I submit that indeed the Anna Westin House has a ver real positive impact on our community. It is a place of healing, caring, and offers great r spect to all internal/external stakeholders. Most sincerely, Scott M. Knight Chief of Police Chaska Police Department Two City Hall Plaza Chaska MN 55318-1960 USA sknightOchaskamn.com 952.448.4200 952.448.2307 (fax) Information from ESET N0D32 Antivirus, version of virus signature database 4887 (20100222) The message was checked by ESET N0D32 Antivirus. http://www.eset.com 2 42.1 13 42,..1 I LtL A, PARENT INFORMATION SHEET Child Name ! Date of Birth Address Home Phone Child's School Grade/year in school Was your child adopted? ❑ Yes ❑ No Parents Mother's Occupation Name Marital History Address(if different from above) Home Phone(if different from above) Is it okay to leave a ❑Yes ❑ No message? Cell Phone Is it okay to leave a ❑Yes ❑ No , message? Work Phone Is it okay to leave a ❑Yes ❑ No message? Father's Occupation Name Marital History Address(if different from above) Home Phone(if different from above) ❑Yes 0 No i Is it okay to leave a message? Cell Phone Is it okay to leave a ❑Yes ❑ No message? Work Phone Is it okay to leave a ❑Yes ❑ No message? PLEASE LIST THE PEOPLE YOUR CHILD LIVES WITH AND OTHER IMMEDIATE FAMILY MEMBERS NOT IN THE HOME: NAME ` 1 AGE ; :RELATIONSHIP TO CHILD DOES HE/SHE LIVE IN THE HOME? ❑Yes ❑ No • ❑Yes ❑ No ❑Yes ❑ No • ❑Yes ❑ No ❑Yes ❑ No • ❑Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No ........... ❑Yes ❑ No a _.. ❑Yes ❑ No What are your primary concerns regarding your child at this time? When did you first begin to have these concerns? Page 1 of 3 Has your child been evaluated or treated by anyone else related to these concerns? If yes, please list treatment history. MEDICAL HISTORY Who is your child's primary health care provider? Provider's address: Provider's Phone Number: j Provider's fax number: When was your child last seen? When was your child's last physical? What were the results of that physical? Child's height and weight: If child is female, has she begun menses? ❑Yes ❑ No Approximate age at onset: Has she experienced any interruption in i ❑ Yes ❑ No ❑I don't khow. menses? List any current prescriptions your child takes and the prescribing doctor. HEALTH AND SOCIAL HISTORY: Were there any complications related to pregnancy/delivery? —v Did your child have any health problems immediately after birth? Briefly describe your child's toddler years(easy to care for? Eating difficulties?,;etc.): Briefly describe your child's early school years(adjustment to school,friendships, etc.): Does your adolescent have any chronic health conditions? Has your child had any significant injuries or illnesses? Are there any significant stressors in your child's life right now or in the recent past(losses, moves,changes in family structure)? ............... .. Please list your child's strengths: Page 2 of 3 Please rate your child in the following areas: Attendance Cognitive Ability Relatidns with peers Behavior in school El rarely absent El above average ❑ above average El above average ❑sometimes absent ❑average ❑ average ❑average ❑ often absent ❑ below average ❑ below average ❑ below average Has your child been involved in any type of therapy or counseling in the past individual,family,groups)? Has your child ever been prescribed psychiatric medication(antidepressant,ADD medication,etc.)? ❑Yes ❑ No If yes, please list medication and when and why your child takes them as well as who prescribes the medication. Or have any been recommended? Have any family members had the following? If so,what is their relationship your child? ❑ Depression: ❑ _ Anxiety: El ____-.._._—. _._.._..—__ — _—.____�____...._._... ❑ Eating Disorder: -----------_________ ❑ Bipolar Disorder/Manic-depression: _ ❑ Obsessive-compulsive Disorder: --- - --------______ ____.___ ❑ Alcohol/drug problems: • ❑ Suicide attempts: ❑ Psychiatric Hospitalizations: ❑ Other mental health/psychiatric problems(please specify): IS THERE AN c,EL-st roU-WO LD LIKE THE THERAPIST TO KNOW ABOUT YOUR CHILD OR FAMILY? PLEASE ADD ANY FURTHER COMMENTS OR CONCERNS. This form was completed by: Date: (Please print first and last name) Page 3 of 3 1fl , 014 _ PERSONAL INFORMATION SHEET Name Date of Birth Age, Address Home Phone Is it okay to leave a message? Yes No Work Phone Is it okay to leave a message? Yes No Cell Phone Is it okay to leave a message? Yes No Occupation Highest level of school Relationship status: single married divorced Separated significant relationship partnered Describe your present relationship: r Who do you live with? (name/age/relationship) What prompted you to have an Eating Disorder Assessment? Who is your primary health care provider (i.e. physician, nurs , OB/GYN? When was your last physical? Did you have any significant health problems? Yes No If yes, please identify: Do you take over the counter drugs or vitamins regularly? Yes No Any current medication: Prescribed by: Rev 8/08 EP20 liii II I I' II II FAMILY AND SOCIAL HISTORY: How many children are in your family of origin? Wh t number are you? Do you believe that you have a good support system? Yes No If so, do you confide in them about your problems? Yes No What areas are stressful in your life? (finances,job career, relationship, health, school, etc.) Have you ever been in trouble legally? Yes No If so, describe what the situation was: Do you have any present or past difficulties with: Shoplifting Yes No Drug use Yes I'10 Gambling Yes No Compulsive shopping Yes No Compulsive sexual behavior Yes No Alcohol use Yes No Describe: Have you ever been involved in a weight loss program (i.e., Weght Watchers, etc.) If so, please identify them: PSYCHIATRIC HISTORY: Have you ever received therapy/counseling before? Yes No Have you ever been prescribed psychiatric medication (i.e., antidepressant)? Yes No If yes, please list medication and describe length of time taken and purpose: Have you ever been hospitalized for psychiatric problems? Yes No 2 #211 q If yes,please describe the situation: Do you have any history of suicide attempts? Yes Now_ If yes,please • situation: Have any family members had problems with the following? jf so, what is their relationship to you? ? Depression Anxiety Eating Disorder Bipolar Disorder/Manic-depression Obsessive-compulsive disorder Alcoholdrug problems Suicide attempts < '4 Psychiatric hospitalizations Other mental health/psychiatric problems—please specify CHEMICAL , t:OR-oL His run: How often and how much do you drink alcoholic beverages? Never Ina week In a month Per day 3 *21w How often do you currently use street drugs? Never In a week In a month Per day What street drugs do you use? Vow often do you ingest caffeine? Never In a week In a month Per day Do you smoke? Yes No Have you ever sought help or been concerned about your nl ing or drug use? Yeses No If yes, describe what help you sought: ', { SEXUAL/PHYSICAL/EMOTIONAL ABUSE: Do you have any history of sexual abuse? Yes No i Have you ever been physically abused? Yes No Have you ever been emotionally abused? Yes No 4 • . itzli„.1 ADOLESCENT PERSONAL INFORMATION SHEET Name I Date of Birth i [ Age -___—^__ --- -.--- Grade/Year School in school I Cell I Phone Parents i Address Please list all of your immediate family members.(parents,brothers,sisters,etc.), NAME AGE i RELATIONSHIP TO YOU DOES HE/SHE LIVE IN YOUR HOME? I I ❑Yes ❑ No ❑Yes ❑ No ( ❑Yes ❑ No ❑Yes ❑ No El Yes ❑ No -- ___ _ ❑Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No i __ ) ❑Yes —0 No —. _ Does anyone else live in your home that isn't already listed? If so,please list their name,age,and relationship to you. What prompted you to have an Eating Disorder Assessment and what are your expectations? MEDICAL HISTORY ' ,,.„ Who is your primary health care provider? When was your last physical? Females only:do you have regular menses? ❑Yes ❑ No Date of last period: Do you have any significant health problems(diabetes, migraines)? ❑Yes ❑ No If yes, please explain: Do you take over-the-counter drugs (decongestants,Tylenol,etc)or vitamins ❑Yes ❑ No Please list: rula ? — --_-_-- � __-------_.._ ____ List any current prescriptions you take and +____._� _._______-_-___ the prescribing doctor. FAMILY AND SOCIAL HISTORY: _ Identify stressors in your life.(work,school,friends,etc.) -- .___�_ ____�._�.�___._____._____ Is there someone you can talk to about your problems? How would you describe your school life? _ Page 1 of 3 4212 J24. What are your future work or school goals? Have you ever been in trouble legally? ❑Yes ❑ No If so,describe the si:uation: Do you have any present of past difficulties with shoplifting? ❑Yes ❑ No If so,describe the situation: Do you have any present or past difficulties with gambling? ❑Yes ❑ No Do you have any present or past difficulties with compulsive shopping? ❑Yes ❑ No — — — — Have you ever been involved in a weight loss program(Weight Watchers, etc.)1)❑Yes ❑ No If so, please identify them: Does anyone in your family have a history of weight concerns? ❑Yes ❑ No, If so,who? PSYCHIATRIC HISTORY Have you ever received therapy/counseling before? ❑Yes ❑ No If so, p ease describe why and with whom. Have you ever been prescribed psychiatric medication(antidepressant,ADD medication,etc.)? ❑Yes ❑ No If yes, please list medication and when, and why you take them: Have you ever been hospitalized? ❑Yes ❑ No If so,why? Do you have any history of suicide attempts? ❑Yes ❑ No If so, please describe the situation: Have any family members had the following? If so,what is their relationship to you? ❑ Depression: ❑ Anxiety: ❑ Eating Disorder: ❑ Bipolar Disorder/Manic-depression: ❑ Obsessive-compulsive Disorder: ❑ Alcohol/drug problems: ❑ Suicide attempts: ❑ Psychiatric Hospitalizations ❑ Other mental health/psychiatric problems(please specify): CHEMICAL/ALCOHOL HISTORY- _ How often do you drink alcoholic beverages? ❑ Never ❑ Monthly ❑ Weeky ❑ Daily __—._-----_—_—.— ----..-- How often do you use illicit drugs? ❑ Never ❑ Monthly ❑ Weekly ❑ Daily Please list what drugs you have used: What best describes your caffeine intake? ❑ Never ❑ Monthly ❑Weekly ] Daily ...................._..._...... . . What best describes your nicotine intake? ❑ Never ❑ Monthly ❑ Weekly ] Daily Page 2 of 3 Have you ever sought help or been concerned about your drinking or drug usd? 0 Yes LINO If so,describe what concerned yo21-u: SEXUAL/ PHYSICAL/EMOTIONAL ABUSE: Do you have any history of sexual abuse? CI Yes 0 No Have you ever been physically abused? CI Yes r] No Have you ever been emotionally abused? 1=1 Yes El No IS THERE ANYTHING ELSE YOU WOULD LIKE YOUR THERAPIST TO K VOW ABOUT YOU? . . Page 3 of 3 COUNCIL EXHIBIT B Melanie Curtis Public Comments / Information #3 From: Lindsay Brown [lindsay@emilyprogram.com] Sent: Monday, February 22, 2010 11:32 AM To: Jim White; Jim Murphy(jmurphy@goldgngate.net) Cc: Melanie Curtis; 'Dirk Miller'; Kitty Westin, Subject: Message from Chaska Chief of Police Attachments: Scott Knight.vcf Dear Mayor White and Council Member Murphy, Please see the email below from the Chaska Chief of Police, Scott Knight, which addresses Mr. Printup and Mr. Steinhafel's concerns regarding our impact on the Chaska community (police calls, etc.). Would you please forward this email to Mr. Steinhafel and Mr. Printup? Best regards, Lindsay M. Brown Original Message From: Scott Knight[mailto:SKnight@chaskamn.com] Sent: Monday, February 22, 2010 10:48 AM To: lindsay@emilyprogram.com Subject: Fwd: Anna Westin House To Whom It May Concern: I write to establish for the record to what, if any degree, the Anna Westin House positively, or negatively impacts my community. The Anna Westin House has operated in my city, in a residential area, for a decade (if not longer.) We receive no complaints, or concerns about, or having anything to do with, the Anna Westin House. They have zero negative impact on the neighborhood, our community, and/or police/emergency operations. Over the course of time emergency personnel have responded there to render medical aid to persons in need, which is not unexpected, nor is it disturbing. On rare occasions, we are asked to assist in locating persons who may be late in returning home, or who have simply taken a walk and not returned an time. None of the these calls (and ultimate outcomes) have given us pause, or presented a danger to anyone. To suggest that our police historical data record says otherwise would be a disingenuous misrepresentation of fact. I submit that indeed the Anna Westin House has a very real positive impact on our community. It is a place of healing, caring, and offers great respect to all internal/external stakeholders. Most sincerely, Scott M. Knight Chief of Police Chaska Police Department Two City Hall Plaza Chaska MN 55318-1960 USA sknight@chaskamn.com 952.448.4200 952.448.2307 (fax) 1 • RECEIVED COUNCIL EXHIBIT B FEB 2 22010 Public Comments / Information #4 CITY OF ORONO Feb 21, 2010 Dear Orono City Council Members11 Please vote "NO" February 22, for the Conditional use permit for the Emily project. This "24/7 Medical Clinic" does not belong in our quiet neighborhood. A.D.A. Mayor White assured me that the only permitted use under the CUP is the treatment of Anorexia in young persons. Not true. The American Disabilities Act protects alcoholics and drug addicts. National laws always supersede local laws So, if Emily wishes to convert this facility to an alcoholics or drug addicts treatment facility, the City could not stop them. FIRE PROTECTION This structure is not protected by fire hydrants. I understand that it has sprinkler heads and that'the water is pumped from a tank from the basement. What, if there is a fire caused by an explosion in the electrical room. The building would go dark [exce t for emergency lights] and there would be no power running the pu p. The fire protection would fail leaving 10 young people unprotecte on the second floor. They would run screaming to the closest stair ay. These are not strong young people due to their Anorexia. W y is there no outside second floor fire exit? A fire at Hill would be spectacular. This 00 year building with oiled wood floors might just explode. I would not want to be the Council person that "OK'ed" this deal Legality of a "Yes vote" *11 There has been no continuous and conspicuous posting to the public of a public hearing. Many of us were surprised that something was going on at Hill. We read an article in the Lakeshore Weekly News Tues Feb 17, 2010. This was the night of the neighborhood presentation by Emily. Many of us at th0 presentation were taken by surprise that there was activity at Hill. Seems to me that the public hearing sig should have been posted on the North Shore Drive [front] of the bui ding. Emily posted it on the side street. Was this part of Emily's pla to sneak this CUP under our noses. I understand the sign did not sta up continuously. It was up on the side street two days ago. I assert than any "Yes" vote would be it egal. Other possible locations Emily told us at the meeting that there ere no other locations in the Western suburbs where they could go. ow about? The abandoned Billy's Lighthouse. The soon to go dark Snyders in Long ake. All those structures on Hwy 12 in Lo g lake with for sale/for rent signs. The soon to go dark Snyders in Navarre. The VFV in mound. It is big, abando ed and in foreclosure. This building could be bought for about nothi g. It has fire protection, is one floor and has kitchen facilities. How abut Emily teaming up with Presby erian Homes in the about to be constructed facilities in Spring Park • r Wayzata? Lindsay Brown, director of business dev- lopment for Emily says "...Hill... would offer a peaceful, healing - nvironment.... "Lindsay: that is true and we want to keep it that way", Sam Marfield. Mayor White quotes: "What's not to like ...you could not want a better deal". I hope he has a change of heart. Summary: This is not the location for a 24/7 medical clinic r At4•I Please vote "NO". SAM MARFIELD, 2455 NORTH SHORE D VE, WAYZATA, MN, 55391, 952-473-3344, CELL 612-991-4444, SM RFIELD@AOL.COM 35 year resident on North Shore Drive 11."_:;72_6&.4-1-e/err, AGES o,1„bit..• ,5c.,-39 o?G �.g_6 �/a 4-ed_Ar--Yi--4 /221-el-Ax-c( ,ryz,44/ :17244,, /4) . Gi,i2i7L ' ?)-7 - 4.:-.4 1 a-Ae.. , 4 �ft February 11, 2010 f 1,72,,e_odn My name is Aaron Hale Printup. I live at 2195 Prospect Ave in Crystal Bay with my 14 month old D ghter. I have lived in this house for nearly 3 years, but I have lived in this neighborhood all of my life. For so many years, the Hilt School has been a place of learning. Not just for Education as it has for the past several years, but a place for many types of classes. I received notice the other day that'The Emily Program" is to king to make it a treatment and rehabilitation facility. For Historical and logistical reasons, I am Opposed t this. I do not know what age groups are targeted for treatment. I d n't know how many patients will be living there. I don't know how many patients will be under out patie t care and congesting our streets with parking. I do not know if they are Court ordered for treatment I don't know what the traffic issues will be in our quiet neighborhood. If it is going to be an 8 bed rehab cli ic, that means the possibility of 8 patients cars, 8 or more staff cars, 8 or more visitors' cars, unknown h w many outpatient cars, trucks for food deliveries, etc. That is far too many vehicles for this quiet nei hborhood. How many patients are going to be under a psychologists car ? Are those patients a threat to themselves or others? Is this facility going to cause a need for ambulan service during all hours of the day and night? is the proposed garage going to be a mini parking ramp? A I going to look out my window and see this garage and have it block the view of the Historical Hill School and i'll be then looking at a garage or parking lot? Could this facility be more appropriate in the fading busiriess district of Long Lake? I did finally speak to an administrative official with the program and while she is very nice, this program does not belong in our neighborhood and it opens the door to having other facilities or half way houses or treatment centers in Orono It may also be interesting to know if Kim Kang, the Chair of t e Planning Commission, has any special interest in this rehabilitation program because of her professi nal background and lobbying efforts. What I do know is that I am opposed to this. The character of the neighborhood and the surrounding community will be jeopardized by this treatment and rehabilitation facility. I have worked with Community Corrections for ten years and '' + eaple act when they are Court ordered for treatments they do not adhere to or when their psychological frame of mind is not healthy...They make poor choices and in far too many cases they will simply quit and walk away. I don't want even the smallest percentage of a chance that someone may make the poor choice to walk away from their in-patient program and end up walking thru properties or into homes in my neighborhood Thank you for your time and attention. RECEIVED Aaron H. Printup COUNCIL EXHIBIT B MAR U 12010 cc: Orono City Council Public Comments / Information crry oF ORoivo Crystal Bay Neighbors #5 Melanie Curtis COUNCIL EXHIBIT B Public Comments / Information From: Jim Murphy[jmurphy@goldengate.net] Sent: Sunday, February 28, 2010 12:17 PM #s To: Melanie Curtis Subject: Fw: Hill School Property Conditional Us Permit Who is Bennett on the PC? Original Message From:Clear„Steve(Minneapolis) To:jwhiteaci.orono.mn.us ; cbremeraci.orono.mn.us ; Imcmillan ci.orono.mn.us ;jmurphv goldenaate.net; dfranchot a4ci.orono.mn.us Sent: Friday, February 26, 2010 4:04 PM Subject: Hill School Property Conditional Use Permit February 26, 2010 Dear Mayor White; council members Curtis, Bremer, McMill , Murphy and Franchot; and planning commission members Schenzeit, Leskinen, Rice, Schwingler, ennett and Feuss: i Subject: Hill School Property Conditional Use Permit My name is Steve Clear. My wife and I and our four small children live at 1360 French Creek Dr. Our home is the first residence in French Creek and closest to the Hill Schopl property. I have been unable to attend the previous Orono City Council meetings due to work related travel, but I want to share my concerns with the council. I am strongly opposed to granting a Conditional Use Permit to allow commercial activity on what is now the Hill School property. 1 Based on the feedback I have heard from my wife and neighb rs who attended the two previous council meetings and my reading of the minutes it appears the surroun ing community is being asked to prove why the permit should not be granted. Shouldn't the onus be on the p y seeking a CUP to show how they improve the community not the other way around? The Orono Municipal Code Sec. 78-5 states: "Use of land for residential purposes is considered primary with other uses Viewed as supporting this use.While present commercial or industrial activity,where consistent with residential use and other guiding principles,will be protected by ordinance or conditional use permit, it is not the intention to expand or allow all such commercial or industrial activity to a degree where it conflicts with the primary residential use and the other guiding principles." i I ask the Mayor and the Council to consider who they represen and ask how does approval of this permit benefit the residents of Orono? Based on the exhibits presente by Mike Maddie at the council meeting it is clear the surrounding residents are overwhelmingly against gr ting the CUP. If it is granted I can see no direct benefit to the existing nearby residents. Based on the concern voiced at the last Council meeting granting a CUP for the Hill School property would be in direct "conflict' with the "primary residential use" of the existing neighborhood and clearly violate the spirit of the Oro o Municipal Code. I I urge the Mayor and Council Members to listen to their constituents and not grant a Conditional Use Permit allowing commercial activity on the existing Hill School Property. 1 1 Regard's, *(0 Stephen Clear 1360 French Creek Dr. Orono, MN 55391 2 RECEIVED Stephen&Randi Carlson MAR - 1 20i0 1185 Arbor Street CITY OF ORONO Orono, MN 55391 952-475-0107 COUNCIL EXHIBIT B Public Comments / Information #7 February 28,2010 To: Jim White Cynthia Bremer Lili McMillan Jim Murphy Doug Franchot Re: Emily Program/Hill School Site Dear Mayor and Council, We are 26 year Crystal Bay neighborhood residents who are in strong support of the Emily Program's proposal for the Hill School site. We feel that the issuance of an IUP would be the solution that would address all concerns. Sincerely, 10/ Stephen C.Carlson Ran i J. Carlso COUNCIL EXHIBIT B Melanie Curtis Public Comments / Information From: Lindsay Brown [lindsay@emilyprogram.com] #8 Sent: Monday, March 01, 2010 9:00 AM To: Melanie Curtis Subject: FW: From Orono Website: FYI. My assistant, Brenda, was copied on this very nice email. From: Alison Humphrey [mailto:alisonhumphrey@mchsi.com] Sent: Sunday, February 28, 2010 11:21 AM To: Imcmillan@ci.orono.mn.us Cc: 'Humphrey, Andrew G.'; brenda@emilyprogram.com Subject: From Orono Website: Dear Lili: 1 I just finished reading the article in today's Star Tribune about the mily Program's application for a conditional-use permit that would allow them to turn the former Hill School site int a small treatment facility. As you know, I am not a resident of Orono, but, as a resident of Wayzata, I am part of the la,ger community impacted by the Orono City Council's decision. More importantly, I am the mother of a child who has suffered from eating disorders for the past four years. I want to express my strong support for the Emily Program's application. We have been privileged to work with a variety of wonderful eating disorder professionals in the Twin Cities, including the staff of the Emily Program. The Emily Program is a compassionate well-run organization that has provided an invaluable service to our community. Eating disorders seem to disproportionately impact bright, interesting and gifted young women and men and, in turn,the families and friends that s pport them. It is extremely important that eating disorder programs are available close to the people impacted by th illness so that the needs of both the patients and their supporters can be served. Over the last several years I have s ent a lot of time with young people with eating disorders and in both the inpatient and outpatient facilities that tr at them. In my experience they are quiet and peaceful places that provide little disruption to neighbors. I canno imagine a more appropriate use for the Hill School site than the one proposed by the Emily Program. It is a sorely needed asset and I am confident that the Emily Program will be a good neighbor. Thank you for your good work on the Orono City Council. Warmest regards,Alison Humphrey I Information from ESET NOD32 Antivirus, version of virus signature database 4905 (20100301) The message was checked by ESET NOD32 Antivirus. http://www.eset.com Information from ESET NOD32 Antivirus,versiiin of virus signature database 4905 (20100301) The message was checked by ESET NOD32 Antivirus. 1 COUNCIL EXHIBIT B Melanie Curtis Public Comments / Information #9 From: Amy Beth Butler[amybethbutler@yaho .com] Sent: Tuesday, March 02, 2010 11:04 AM To: Melanie Curtis Subject: letter to the editor of Lakeshore Week! News-just in case it doesn't get in the paper I live in the Hill School neighborhood. This is a fact that I'm ecoming increasingly ashamed to admit. I frequently walk my dog around the streets of this neighborho d. Lately, I've been forced to brave the treacherous unmaintained Dakota Rail Regional Trail to avoi the (unavoidable) conversations regarding The Emily Program. When I have those conversations, I must poi t out that I'm actually in support of the Emily Program moving into our neighborhood. Let the shock and c efully planned talking points ensue... When I received my notice that the Hill School was turning i l o a residental facility I was more surprised and saddened that Hill School had closed,than upset by the thoug t of the new tenants. I would guess that the City of Orono originally felt the same and couldn't have possibly i agined the public outcry that would result. Why would they? Isn't it only girls with eating disorders, looking f r help? Who wants to be the one to stop them from getting the help they need to survive?Unfortunately, my suddenly growing list of"neighbors" do. Much is being made of safety concerns surrounding the permit required by the Emily Program. Politically correct people like to state that they "aren't opposed to the Emily Program, per se" but have devised all sorts of other things to "worry" about. It's a residential neighborhood, what about the traffic? What will these girls do? Isn't an eating disorder a(gasp!)mental illness? Surely, everyone with a mental illness is to be feared,right? And,then finally, what if they leave? Funny, you didn't want em there in the first place! These "concerns" are nothing more than excuses for the truth. The truth is, you simply don't want it in your back yard. Fess up. The correct ending for the sentence that begins ith "I don't have a problem with the Emily Program" or "I have a lot of respect for the Emily Program", i this: BUT I don't care enough about anyone who might be helped by the facility to let it into my neighborhood. Has anyone looked around the neighborhood lately? There is a post office in the middle of your "strictly residential" neighborhood. There is a park for complete strangers to enjoy. Once the weather is warmer,there will be cars lining Brown Road, a full parking lot next to the post office and an overflow of people utilizing the Dakota Rail Regional Trail. Why, right next to the Hill School is a rather large parking lot and the Minnetonka Center for the Arts, not a residential home. My point is, the people in opposition to the Emily Program, if they enjoy any of the above mentioned neigborhood activities, are extremely hypocritical. You are fine with all of the dangers that surround the trail because you use the trail for your own enjoyment. Minnetonka Center for the Arts sounds impressive to your friends and you can see, with your own eyes,the value such cl sses have. And,the list goes on. I've heard people express their desire for the Hill School to become a dif erent (but even more populated) school, an annex to the Center for the Arts or a library, but admit it- you'd prefe a Starbucks or book store,too. Wait a minute, what about the traffic concerns? There were many people opposed to the trail prior to the finis ed product. Afterall, this trail literally does go right through people's back yards! I think most would now ad it that the trail, even with the added traffic and congestion, adds value to our community. The trail is much li e the Emily Program in that both increase the overall health of our fellow human beings. People are seriousl afraid of this? To save you time and hassle and get the Emily Program off thO hook, I will let you in on the secret to what you 1 really should be afraid of. Be afraid of your friends and famil , because they are most likely to abuse your children. Be afraid of your family pet, because tragically, it m,y one day turn on you. Be afraid of the food you eat, because its often filled with toxins, poisons, and potentialli life threatening bacteria. There, doesn't the Emily Program sound much safer to you now? Recently, St. Paul welcomed the Emily Program into their cit and our neighborhood is mentioned in an article in the Star Tribune. I encourage people to read the comments •.ection following the article and consider if this is really how you, as a community, want to be perceived. For the se of you genuinely concerned with your child's safety,please consider the message you send to your child wh n showing such intolerance for these individuals in need of help. Or, consider if your child has to one day com. to you with their own mental health concerns- such as depression or alcohol and drug issues. Aren't you teac I ing them that they can't? It is my hope that the City of Orono approves the addition oft e Emily Program into our neighborhood. I suspect that many others share my opinion,just aren't as vocal as the opposition has been. I am not affiliated with the Emily Program, nor do I suffer from any eating disor«er or other mental illness. However, after years of working in social services, I am quite knowlegeable about the need for such programs and will do everything within my power to avoid encouraging stereotypes and stigmas surrounding eating disorders (or any other mental illness)to flourish. This is especially true within my own back yard. Respectfully, Amy Bleeker 1380 Arbor Street Orono, MN 55391 (952) 217-5781 2 )k1Ct120 * COUNCIL EXHIBIT B Melanie Curtis Public Comments / Information From: Jim Murphy[jmurphy@goldengate.net] #1 0 Sent: Wednesday, March 03, 2010 1:46 PM To: Melanie Curtis Subject: Fw: I support The Emily Program at th Hill School site Original Message From Geri Scherer To: imurphv( goldengate.net ; ahprintupaaol.com Sent: Wednesday, March 03, 2010 5:35 AM Subject: Fwd: I support The Emily Program at the Hill School site Begin forwarded message: From:dabenedict@mchsi.com Date: March 2, 2010 8:39:53 AM CST To: Geri Scherer<gerigscherer gmail.com> Subject: Re: I support The Emily Program at the Hill School site Geri This is an awesome letter, I totally agree with you, I am surprised at the lack of compassion being shown....this disease affects so many young people! If i am feeling better I would like to go to the council mtg next week I have been really sick and am currently over at Methodist hospital. Unfortunately no diagnosis yet....just a really high fever that is unrelenting. Hopefully some answers today! Debbie Benedict — On Mar 2, 2010, at 7:35 AM, Geri Scherer<gerigscherer@gmjail.com>wrote: Hi friends, I'm sorry if I've offended anyone and stirred the pot, but if you read below, I want you to know how I feel about the letter I received in the mail regarding The Emily Program. Some of you live near the Hill School site, and I sincerely believe that The Emily Program would be an asset to the area and not a detriment. Geri Begin forwarded message: From: Geri Scherer<gerioschereragmail.com> Date: March 2,2010 7:01:50 AM CST To:ahorintuo@aol.com,jmurphyacioldengate.net Cc: Pete Scherer<plschererra'�.mchsi.com> Subject: Re: I support The Emily Program at the Hill School si$e Jim and Aaron, Thank you for reading my letter and for being respectful listeners. i With that said, I hope that the legalities and permits c.1 be amended to allow for The Emily MO Program to be housed in Orono. While I'm not sure t .t I can attend the meeting on Monday 3 night, I do think it is important that all the facts regardi g ambulance and police calls be clearly stated. What does increase mean-- once a year, once : month? Please state the facts. And really, how much increased traffic are you going to ha e??I would bet that in a 10 bedroom facility, daily traffic will be less than when you had a chool there. Furthermore, even though I live in a wealthy commun ty, I'm quite certain that right down the street from me people are receiving welfare checks. o knows, there may have even been a runaway or a suicide attempt near my house (as Aaro stated in his letter). Who really knows -- I'm not worried, and it's none of my business. Aaron, f you did a little more research on people with eating disorders, you'll likely not find many runa ays, attempted suicides and welfare checks. Eating disorders most often affect white mid.l e to upper middle class young women. You'll probably find more people with eating disorders at the Blake School than you will at North High. While we had a nice, civil conversation yesterday, I'm hesitant to say that we found "common ground". I still think that spreading your alarmist lette around town without doing your homework and stating the correct facts is ethically wr ,ng. You've likely got many in our community blindly believing you, which is unfortunate. We'd find common ground if you'd work toward, rather than against, housing The Emily Program down the street from you -- not in a residential neighborhood, but down the street. Sincerely, Geri Scherer On Mar 1, 2010, at 11:52 PM, ahprintup@aol.com wrote: Mr. Murphy, Mrs. Scherer and I did have a very nice conversation. We wnderstood each others positions on the Hill School CUP issue and I think it is safe to say we both found common ground that the Emily Program is a terrific program and I think it is safe to say that we both agree that since there are some legalities involved with CUP's the Council should be cautious how those legalities could affect the City (as you stated a week or so ago to me about taking things slowly.) I truly hope she can attend Monday's meeting because I do enjoy meeting people. Thank you for sharing this. Aaron Original Message From: Jim Murphy <imurphvagoldengate.net> To: ahprintup(cr�.aol.com Cc: gerigscherer(a)_gmail.com;plscherer(cr�.mchsi.com Sent: Mon, Mar 1, 2010 2:58 pm Subject: Fw: I support The Emily Program at the Hill School site Arron; Ms. Scherer asked me to forward this to you. I understand you & he have talked by phone. 2 440(3 Jim Original Message From: "Geri Scherer" <•eri•scherer• •mail.com> To: <jmurohv@igoldengate.net> Cc: "Pete Scherer" <plscherer@mchsi.com> Sent: Monday, March 01, 2010 11:09 AM Subject: I support The Emily Program at the Hill School site > Hi Jim, > Since your email address was listed on a letter I received from 'aron > Printup in my mailbox,I thought I would shoot you some quick feedback > from my perspective. Also, I'm of sure how you feel about this issue, > but I see that you have voting privileges as a City Council Member. > From all of the publicity I've seen, it seems that there is strong I> opposition on the part of the neighbors that The Emily Program not be > able to occupy the Hill School site. I don' recall that the Hill School > is in a neighborhood, and I do believe that it's near the art center, so > I'm not sure w at"neighbors" are so directly affected. Having people > being treated for eating disorders at that site doesn't se m to be that > different from having a school there--there's traffic and children who > can be unruly at times. > Right now I am embarrassed by the blatant opposition to this b the > people of Orono. I am an Orono resident and,although not directly near > that site, I would support having The Emily Program near my house.As a > licensed psychologist and as someone who has recovered from an,eating > disorder in my early twenties, I can say that there should be little if> any concern in having people who Ire being treated for eating disorders > in the area. I have absolutely no affiliation to The Emily Program but > know that it is well respected by many in the helping professions. > There are many people in our own backyards who struggle or have struggled > with many forms of mental illness and addiction at some point in their > lives,wouldn't it be nice to know that we as Orono residents support > helping these NON-DANGEROUS people/families get healthy? > I think I'll give Mr. Printup a call just to let him know how I feel It > sure would be nice if people were a little more Christ-like during this > lenten season. If you know him,feel free to pass on my email. > My best to you in making these tough decisions. > Geri > Geri Scherer MA, LP > 15 Orono Orchard Road > Orono, MN 55391 > 952-249-1566 > 3 COUNCIL EXHIBIT B Melanie Curtis Public Comments / Information From: Jim Murphy Umurphy@goldengate.net] #11 Sent: Wednesday, March 03, 2010 1:46 PM To: Melanie Curtis Subject: Fw: I support The Emily Program at the Hill School site Original Message from:Geri Scherer To:jmurphv(a�goldengate.net; ahprintup(a�aol.com Sent:Wednesday, March 03, 2010 5:33 AM Subject: Fwd: I support The Emily Program at the Hill School site Begin forwarded message: From:Judy Hodder<judv(a metrotv.com> Date: March 2,2010 4:27:02 PM CST To: Geri Scherer<oerigscherer(a omail.com>, Linda Patterson<Isoatterson61(a aol.com>, Laurie Esau<laurie a.esau.biz>, Deborah Benedict<dabenedict ,mchsi.com>,The Lowe Family<kelly lowe( msooharma.com> Subject: Re: I support The Emily Program at the Hill School site Dear Geri, I love your moxie and clearheaded logic/passion in supporting The limily Program at the Hill School site! Kudos to you for showing the face of compassion and fear-busting*ith such intelligence and tender professionalism. We are 100% in support of your argument. How do we best share it with the larger community? I am proud of you, my love-activist friend! You go,girl,And I am with you all the way. Kent too. Judy On 3/2/10 7:35 AM, "Geri Scherer"<gerigscherer@gmail.com>wrote: Hi friends, I'm sorry if I've offended anyone and stirred the pot, but if you read below, I want you to know how I feel about the letter I received in the mail regarding The Emily Program. Some of you live near the Hill School site, and I sincerely believe that The Emily Program would be an asset to the area and not a detriment. Geri Begin forwarded message: From: Geri Scherer <perigscherer(cr�.gmail.corrm> Date: March 2, 2010 7:01:50 AM CST To: ahprintup(a aol.com, imurphyaQoldenc1ate.net Cc: Pete Scherer <plscherer(a�mchsi.com> Subject: Re: I support The Emily Program at the Hill School site 1 ti I lo, Jim and Aaron, Thank you for reading my letter and for being respectful listeners. With that said, I hope that the legalities and permits can be amend d to allow for The Emily Program to be housed in Orono. While I'm not sure that I can attend the meeting on Monda night, I do think it is important that all the facts regarding ambulance and police calls be clearly stated. What does ncrease mean--once a year, once a month? Please state the facts. And really, how much increased traffic are you goi g to have?? I would bet that in a 10 bedroom facility, daily traffic will be less than when you had a school there. Furthermore, even though I live in a wealthy community, I'm quite ertain that right down the street from me people are receiving welfare checks. Who knows,there may have even been a runaway or a suicide attempt near my house (as Aaron stated in his letter). Who really knows-- I'm not worried, an it's none of my business. Aaron, if you did a little more research on people with eating disorders,you'll likely not fin many runaways, attempted suicides and welfare checks. Eating disorders most often affect white middle to upper iddle class young women. You'll probably find more people with eating disorders at the Blake School than you will at N rth High. While we had a nice, civil conversation yesterday, I'm hesitant to say that we found "common ground". I still think that spreading your alarmist letter around town without doing your ho ework and stating the correct facts is ethically wrong. You've likely got many in our community blindly believing y u, which is unfortunate. We'd find common ground if you'd work toward, rather than again t, housing The Emily Program down the street from you-- not in a residential neighborhood, but down the street. Sincerely, Geri Scherer On Mar 1, 2010, at 11:52 PM,ahprintupPaol.com wrote: 1 Mr. Murphy, i i Mrs. Scherer and I did have a very nice conversation. We un erstood each others positions on the Hill School CUP issue and I think it is safe to say we both found common round that the Emily Program is a terrific program and I think it is safe to say that we both agree that si ce there are some legalities involved with CUP's the Council should be cautious how those legalities could affe t the City (as you stated a week or so ago to me about taking things slowly.) I truly hope she can attend Mond y's meeting because I do enjoy meeting people. Thank you for sharing this. Aaron Original Message 2 From: Jim Murphy<jmurphv(cr�goldengate.net> . To: ahprintupaol.com Cc: gerigscherer@gmail.com;plscherer(a�mchsi.com Sent: Mon, Mar 1, 2010 2:58 pm Subject: Fw: I support The Emily Program at the Hill School site Arron; Ms. Scherer asked me to forward this to you. I understand you &she have talked by phone. Jim Original Message From: "Geri Scherer" <gerigscherer@gmail.com► To: <imurohv@goldengate.net> Cc: "Pete Scherer" <plscherer@mchsi.com> Sent: Monday, March 01, 2010 11:09 AM Subject: I support The Emily Program at the Hill School site > Hi Jim, > > Since your email address was listed on a letter I received from Aaron > Printup in my mailbox, I thought I would shoot you some quick feedback > from my perspective.Also, I'm not sure how you feel about this issue, > but I see that you have voting privileges as a City Council Member. > From all of the publicity I've seen, it seems that there is strong > oppositlion on the part of the neighbors that The Emily Program not be > able to occupy the Hill School site. I don't recall that the Hill School > is in a neighborhood,and I do believe that its near the art center, so > I'm not sure what"neighbors"are so directly affected. Having people > being treated for eating disorders at that site doesn't seem to be that > different from having a school there--there's traffic and children who > can be unruly at times. > Right now I am embarrassed by the blatant opposition to this by the > people of Orono. I am an Orono resident and, although not directly near > that site,I would support having The Emily Program near my house.As a > licensed psychologist and as someone who has recovered from an eating > disorder in my early twenties, I can say that there should be little if> any concern in having people who are being treated for eating disorders > in the area. I have absolutely do affiliation to The Emily Program but > know that it is well respected by many in the helping professions. > There are many people in our own backyards who struggle or have struggled > with many forms of mental illness and addiction at some point in their > lives,wouldn't it be nice to know that we as Orono residents support > helping these NON-DANGEROUS people/families get healthy? > I think I'll give Mr. Printup a call just to let him know how I feel. It > sure would be nice if people were a little more Christ-like during this > lenten season. If you know him,feel free to pass on my email. > My best to you in making these tough decisions. > Geri > Geri Scherer MA, LP > 15 Orono Orchard Road > Orono, MN 55391 > 952-249-1566 3 COUNCIL EXHIBIT B Melanie Curtis Public Comments / Information From: Jim Murphy[jmurphy@goldengate.net] #12 Sent: Wednesday, March 03, 2010 1:46 PM To: Melanie Curtis Subject: Fw: I support The Emily Program at the Hill School site Original Message From: Geri Scherer To:jmurphvngoldengate.net ; ahprintupnaol.com Sent: Wednesday, March 03, 2010 5:34 AM Subject: Fwd: I support The Emily Program at the Hill School site Begin forwarded message: From: "Lowe, Kelly M"<kelly lowe(a7merck.com> Date: March 2,2010 10:37:21 AM CST To: "Geri Scherer"<gerigschereragmail.com>, "The Hodder/Motch Family"<judvametrotv.com>,"Linda Patterson" <Ispatterson6la).aol.com>, "Laurie Esau"<lauriea.esau.biz>, "Deborah Benedict"<dabenedictAmchsi.com> Subject: RE: I support The Emily Program at the Hill School site Thanks Geri, I had no idea about the pot being stirred, but seriously how anyone can fear an eating disorder program is beyond me too. Best Kelly From: Geri Scherer [mailto:gerigscherer(a�gmail.com] Sent: Tuesday, March 02, 2010 7:35 AM To: The Hodder/Motch Family; Linda Patterson; Laurie Esau; Deborah Benedict; Lowe, Kelly M Subject: Fwd: I support The Emily Program at the Hill School site Hi friends, I'm sorry if I've offended anyone and stirred the pot, but if you read below, I want you to know how I feel about the letter I received in the mail regarding The Emily Program. Some of you live near the Hill School site, and I sincerely believe that The Emily Program would be an asset to the area and not a detriment. Geri Begin forwarded message: From: Geri Scherer<geriaschereragmail.com> Date: March 2,2010 7:01:50 AM CST To: ahprintup(a aol.com,jmurohvAgoldengate.net Cc: Pete Scherer<plscherera@.mchsi.com> Subject: Re: I support The Emily Program at the Hill School site Jim and Aaron, Thank you for reading my letter and for being respectful liste rs. le With that said, I hope that the legalities and permits can be am,nded to allow for The Emily Program to be housed in Orono. While I'm not sure that I can attend the mee is ng on Monday night, I do think it is important that all the facts regarding ambulance and police calls be clearl stated. What does increase mean-- once a year, once a month? Please state the facts. And really,how much i creased traffic are you going to have??I would bet that in a 10 bedroom facility, daily traffic will be less than hen you had a school there. Furthermore, even though I live in a wealthy community, I'm • ite certain that right down the street from me people are receiving welfare checks. Who knows, there may h:ve even been a runaway or a suicide attempt near my house (as Aaron stated in his letter). Who really kno 's -- I'm not worried, and it's none of my business. Aaron, if you did a little more research on people wi h eating disorders, you'll likely not find many runaways, attempted suicides and welfare checks. Eating diso iders most often affect white middle to upper middle class young women. You'll probably find more people with eating disorders at the Blake School than you will at North High. While we had a nice, civil conversation yesterday, I'm hesitant to say that we found "common ground". I still think that spreading your alarmist letter around town without dping your homework and stating the correct facts is ethically wrong. You've likely got many in our community lindly believing you, which is unfortunate. We'd find common ground if you'd work toward, rather than a ainst, housing The Emily Program down the street from you--not in a residential neighborhood, but down he street. Sincerely, Geri Scherer On Mar 1, 2010, at 11:52 PM, ahprintup(a aol.com wrote: Mr. Murphy, Mrs. Scherer and I did have a very nice conversation. We understodd each others positions on the Hill School CUP issue and I think it is safe to say we both found common ground that the Emily Program is a terrific program and I think it is safe to say that we both agree that since there are some legalities involvejd with CUP's the Council should be cautious how those legalities could affect the City(as you stated a week or so ago!to me about taking things slowly.) I truly hope she can attend Monday's meeting because I do enjoy meeting people. Thank you for sharing this. Aaron Original Message From: Jim Murphy <jmurphv&loldengate.net> To: ahprintupta'�.aol.com Cc: gerigschereragmail.com; plscherer cni,mchsi.com Sent: Mon, Mar 1, 2010 2:58 pm Subject: Fw: I support The Emily Program at the Hill School site Arron; Ms. Scherer asked me to forward this to you. I understand you&she have talked by phone. Jim Original Message From: "Geri Scherer" <gerigschererAgmail.com> To: <jmurphvAgoldengate.net> 2 24 t • Cc: "Pete Scherer" <plscherer©mchsi.com> Sent: Monday, March 01, 2010 11:09 AM Subject: I support The Emily Program at the Hill School site > Hi Jim, > > Since your email address was listed on a letter I received from Aaron > P intup in my mailbox, I thought I would shoot you some quick feedback> from my perspective.Also, I'm not sure how you feel abo t this issue, > but I see that you have voting privileges as a City Council Member. > > From all of the publicity I've seen, it seems that there is strong > opposit on on the part of the neighbors that The Emily Program not be > able to occupy the Hill School site. I don't recall that the Hill School > s in a neighborhood,and I do believe that it's near the art center,so > I'm not sure what"neighbors"are so directly affected. Having eople > being treated for eating disorders at that site doesn't seem to be that > different from having a school there--there's tr is and children who > can be unruly at times. > > Right now I am embarrassed by the blatant opposition to this by the > p ople of Orono. I am an Orono resident and,although not directly near >that site, I would support having The Emily Program near m house. As a > licensed psychologist and as someone who has recovered from an eating > disorder in my early twenties,I can say tha there should be little if> any concern in having people who are being treated for eating disorders > in the area. I have absolutely o affiliation to The Emily Program but > know that it is well respected by many in the helping professions. > > There are many people in our own backyards who struggle or have strug led > with many forms of mental illness and addiction at some point in their > lives,wouldn't it be nice to know that we as Orono re idents support > helping these NON-DANGEROUS people/families get healthy? > > I think I'll give Mr. Printup a call just to let him know how I feel. It > sur would be nice if people were a little more Christ-like during this > lenten season. If you know him,feel free to pass on my email;; > > My best to you in making these tough decisions. > 1 > Geri > > Geri Scherer MA, LP > 15 Orono Orchard Road > Orono, MN 55391 > 952-249-1566 > > Notice: This e-mail message, together with any attachments, contains information of Merck & Co. , Inc. (One Merck Drive, Whitehouse Station, New Jersey, USA 08889) , and/or its affiliates Direct contact information for affi fates is available at http://www.merck.com/contact/contacts.html) that m y be confidential, proprietary copyrighted and/or legally privileged. It is inten ed solely for the use of the individual or entity named on this message. If you are not the intended recipient, and have received this message in error, please notify us immediately by reply e-mail and then delete it from your system. 3 Avi2-13 Melanie Curtis From: Linda Cornelison [linda.cornelison@ihlc regiver.com] Sent: Wednesday, March 03, 2010 4:11 PM To: 'Linda Cornelison'; Melanie Curtis Subject: RE: Emily Program COUNCIL EXHIBIT B Public Comments / Information Hello, #13 In follow-up of my phone discussion with you today, please pass th s on to the appropriate individuals who are "against" the Emily Program coming into their Orono neighborhood or comrriunity in general. I have never contacted another community before but felt compelled to stand up this time. I do not live in your community, but have lived in Chaska/Chanhass n for 20 years. I been reading in many local papers in the last few days more and more details about what is happenin in Orono. Needless to say I am more disappointed and frankly outraged that in this day and age, a community like Or no would be so misguided, uneducated and non- supportive of, particularly young women and teens,with eating dis rders. Maybe there isn't anyone in Orono who has ever had or knows of anyone with an eating disorder? A well educated community like Orono should be more educated and empathetic versus hysterical, uneducated and unfeeling/caring to think that people with eating disorders, who may live in their neighborhood or community,would lower their property values or harm their children or result in polic calls more than "normal". The facts of the police calls to the Emily Program were very inflated. Believe it or not,you already have people living in your neighborhood with eating disorders,you just don't know it or people don't broadcast i ! In fact, it could be your wife,your daughter,your granddaughter,your employee, your co-worker,your neighbor an /or friend. Pretend it's your daughter or granddaughter; what message are your sending her? You're lowering my property value and the police may come to our house? "I don't want any chance of them harming my 15 month old baby" is quoted in the Lakeshore weekly news along with stating that the Target CEO who lives near the proposed location, Mr.Steinhafel, retaining a well known legal firm. I worked for a very large company and know what message that sends. Also noted in the local papers is that the Mayor, Mr.Jim White,was pressuring to have the permit withdrawn. I am glad I don't live in Orono,even though we considered moving there at one time and possibly in the future. I worked in Risk Management for a very large organization for many years and also have a master's in public health. I now own my own consulting business working in risk management. The risk to the public's safety and financial risk related to loss of your property values is just not there if you objectively analyze this with facts as it relates to a small group home for people with eating disorders. Guess what:your property values are more likely to be lowered from this bad press because it is a reflection of your communities values and,how the public servants lead and who has the influence in your community. It impacts Orono's reputation as we I as the citizens that live there. C I If this permit allows for the potential that a group home for sex off:nders or drug addicts/rehab. Facility can move in to the neighborhood or that location without further notification, ana ysis and approval then something should be done to allow for a separate analysis/approval. However, it is clearly,fro what many newspapers are quoting, not just this risk. The message that is clearly being sent to the surrounding corn unities is that Orono citizens and civic leaders "don't want this in your wealthy community/neighborhoods" and t at you believe you are immune from or blind to your wives, mothers, daughters,granddaughters, employees,co-worke s and citizens having an eating disorder. Maybe Orono should "send them to another community"for treatment. Hum: didn't this happen with Leprosy? It's 2010 Orono. 1 Those opposed to this should be ashamed of themselves. As to Mr.Steinhafel,the CEO of Target,which is a very big supporter of schools and communities: he should be most ashamed and anyone who lets him pressure them or use his siginificant financial means to keep them from doing what is right or threaten to bury them in legal bills. I have informed target as of today that I will no longer be a loyal customer. As for the Mayor and City Council and others in positions of power and influence in Oron; lead in a manner that Orono citizens and you will be proud of for all your citizens,versus a few who may have perceived or actual power/money/influence and/or who yell the loudest and may be the most uneducated about eating disorders. Do the right thing. Your community will be proud and enriched and you can hold your head high. Sincerely, Linda Cornelison, RN, BSN, Masters in Public Health, Fellowship in Aging President, Risk Solutions, LLC Chaska MN (Legally a resident of Chanhassen) 952.221.5361 i I 2 *1512 RECEIVED Sam Marfiel 2455 North Shore Drive MAR U 4 2010 Wayzata, Mn, 5 391 CITY OF ORONO smarfield©aol.com 95 -473-3344 March 4, 2010 By hard copy to city all, email and US mail to councilpersons Mayor Tim White Council members COUNCIL EXHIBIT B City of Orono P blic Comments / Information #14 Ladies and Gentlemen: I have lived on Crystal Say with my wife Toyce for 4 years. 319 of those years have been at our home on North Shore Drive. We have lived ther that long because we live it here. Our neighborhood is quiet and we Know our neighbors. I graduated from Wayzata HS and the U of M. Our son Dave graduated from the Orono I have a great love for Orono. I have tried to give b.cK to this community. I. 2010: Dropped off 2 truck loads of food to th- food shelf at 10CP in Wayzata. This food shelf also serves Orono. 2. 200q: Provided funds for a monument at the L fire hall commemorating deceased and retired firefighters. 3. 2008: Attempted to start a fund for fire fight SecKer who deceased suddenly. This failed as the family did not wan t help. These f nds were transferred to the LL fir e department. 4. 2001: Donated a fire service truck and fire recue boat to the LL fire department to enable this fire department to service Orono nMore completely.. A St Paul company now wishes to convert our historic Hill school into a for profit hospital/clinic/group home [or something IiKe that] to house mentally disturbed young people with eating disorders. I do not want this facility for the following reasons: I. The facility is a commercial operation in a resi ential district. 2. The facility will employ people that my neighbors do not Know. They may not have the same respect for our neighborhood as we do. 3. The facility will increase traffic in an area already congested. I wonder what will happen at shift change with employees coming and going. I hope it is not at rush hour. 47t 4. The facility unerp y in d arked. The have asked t e Art Center to use their lot. I understand that the center's parking lot is at apacity. Most likely there will be on street parking on streets that are too narrow or parking. 5. Other facilities of the proponent have been re uted to have numerous police and ambulance calls. (o. The city can not guarantee that the use propo ed will not change. Might they convert it to the rehabilitation of drug abusers or sex offenders? There are other uses that may not be good for this community. My neighbors and I were upset to learn of this facil41 coming to our neighborhood. Most of us did not realize this until an article came out in the February iith edition of the Lakeshore Weekly News. There was no city sign on the North Shore Drive side of the building. We were taken by surprise. Why was there no sign on the busy side of the building? I wonder if this lack of signage met the citjj ordinance. More comments: The proponent is closing an S bed facility in Chaska 'because it is too small. It is odd that they want to move into Orono into a io bed facility. Is io much bigger than S? Orono wants the Hill school to be used. I believe it has been vacant because the bond holders have too much invested in the building [$ 1 ,000?]. My real estate expert places a value on the building of about $200,000. If it were priced in this amount the Art Center might be able to buy it with the help of a few donors. My real estate expert also thinks our home values could be reduced. The facility does not meet side yard and set back re uirements. The site seems to be too small and crowded. It is my belief that the facility should be in an area with fire hydrants. The current fire protection system relies on pumps and electricity. If either were to fail the building would not be protected. I believe a fire would be out of control before the fire department would arrive. Even though the system may meet code, this building was not designed to have a second floor dormitory. In summary: I do not feel that this facility is appropriate for my neighborhood. I have asked for nothing in return for my financial support. I now as for something in return. Please vote "NO" Monday night. Sam Marfield \, 1 f.i COUNCIL EXHIBIT B Melanie Curtis Public Comments / Information #15 From: Pmsbooknut[pmsbooknut@aol.com] Sent: Friday, March 05, 2010 12:38 AM To: Melanie Curtis Subject: Emily Program/positive letter to council Dear Mayor White and Orono City council members, I am writing this to encourage you to approve the Emily Program's pplication for a CUP for the former Hill School site. If you think that an IUP would be more appropriate then I would urge ou to go that route even if that means there would be an extra few steps necessary. Please do not deny the Emily Progra the chance to become part of the Orono community. The"reasons" stated publicly for opposing this approval are dising nuous, illogical, and completely unbelievable. The opposition has cited the usual "horrors" of traffic, noise, lights, fire hazards and falling property values in their almost hysterical reaction to this request. These are totally illogical since the former Hill School had more traffic, more people in and out, noisy students and I'm sure the same fire hazards(althougtr I guess there weren't any students doing laundry there). The most obvious contradiction, however, is the existence of!the Minnetonka Art Center just next to the school property. Clearly, the Art Center is a much larger and more visible building with a very large parking lot. The Center has a very large number of people coming and going during the week, over the weekend, in the summer and basically all the time. I am sure they have large deliveries of many supplies. I know t ey have numerous events that even include, gasp, food! I believe the parking lot has lights-the building certainly does. I would venture to say that there are many more people in this building at any one time than will be at the Emily Prog am's location. Do these objectors have nothing against the possible fire hazard posed by oil paints, paint thinner, p per, firing kilns and all the other equipment used at the Center?There may even be some biohazards there!Why don't hese objectors think that a school in their neighborhood (even if it is a private one) lowers their property value ?A lot of people think that schools are objectionable. Why don't these objectors think that a very large (and somewhat unattractive too) building like the Art Center lowers their property values? None of their stated objections makes any sense in this situation. Or are we to think that private school children and chi chi art patrons are just more desirable in a neighborlhood than people with eating disorders? The rest of the"reasons" given are reprehensible, hysterical and just plain embarrassing. I am embarrassed to read the letters in the newspapers. Using terms like"mental illness", suggesting that the patients would be running through the neighborhood, going into homes and possibly injuring children, is juat over the top. I feel like I'm reading about neighborhood integration in the 60's. I really thought that we had pro'pressed form that intolerant era but I guess not. I would, lastly, like to point out that since this building has been a sc ool, then I would guess that for another school to move in they would just need to conform to the current school usag rules. What would the reaction of these people be if a charter/alternative school bought the site? You know, one for EB kids, or chemically dependent kids, or heaven forbid, disabled kids? I can't imagine. But, if that was a scenario, how would the council deal with it? If something like that was to come up, the real reasons for objecting would become clear to eveNone. Discrimination in any form is very ugly. I think the Emily Program will be a good addition to the Orono community and would probably be serving many people from the Wayzata/Orono area. I'd like to stay proud of our community. I wouli like people in the Twin Cities to know that we are a tolerant, accepting, progressive community and not a regressive backwater populated by small minded people who just happen to live in big houses. It is a shame that the big legal guns have been brought out to put pressure on our officials. I know that serving in local government is actually the most difficult service because of situations like this. I strongly urge you all to ignore the ginned up hysteria and emotional outbursts and approve the Emily Program s request. Thank you all for your service to our town. Debbie Lewis 952-473-4691 ( I have no personal agenda here- no relatives with eating disorders no one in the medical community, no one connected with The Emily Program etc. I am just a 23 year long citizen of Oron who is increasingly embarrassed by these news articles and letters in the papers.) I 1 Council Exhibit C Sec. 78-418. Conditional uses. Within any RR-1B one-family rural residential district no structure or land shall be used for the following uses without a conditional use permit: (14) Hospitals for human care, sanitariums, rest ho I es, nursing homes,provided that all buildings are located 100 feet or more from the lot lin: of any abutting lot in an R district. The site shall contain not less than 600 square feet of lot are a for each person to be accommodated. Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0--1.99 acres in to ial area,the total combined footprint areas of all principal and accessory structures shall not exce:d 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be all t wed at least 1,500 square feet of lot coverage by principal residence and garage structures. Sec. 78-1511. Setbacks for parking. Required off-street parking in all districts shall meet tho following setback requirements: (1) R districts. Within all R districts, all vehicles n rmally owned or kept by the occupants on the premises must have a garage stal or open parking space on the same lot as the principal use served. Garage stalls a cessory to residential structures may be located anywhere on the lot other than required yard area, except that such garages may be located to within ten fe t of an interior side lot line and to within ten feet of a rear lot line subject to this clhapter. Open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard to within ten feet Of an interior side lot line and to within ten feet of a rear lot line. Sec. 78-1516. Required off-street parking. Except within the I-Industrial district, where the princi al use of the structure served is as listed, the minimum parking facilities (open or enclosed) shal be as shown. Within the I-Industrial district, minimum parking facilities (open or enclosed) shall conform to section 78-827 of this chapter. (1) Single-family dwelling, two per dwelling unit. (2) Multiple dwelling,two per dwelling unit. (8) Hospital, at least one for each three hospital beds. (11) Office buildings and professional offices, banks, savings institutions, at least one for each 200 square feet of floor area. tactterr-D CCP MY ti to 6. #10-3442 THE EMILY PROGRAM,2180 NO TH SHORE DRIVE—CONDITIONAL USE PERMIT Dirk Miller,Applicant,was present. (6. #10-3442 THE EMILY PROGRAM, 2180 NOR SHORE DRIVE, Continued) Curtis stated the applicant is requesting a conditional use p rmit and setback variances in order to operate an in-patient eating disorder treatment facility for up to eig t clients in the existing building on the property. The Emily Program intends to maintain as much f a residential character of the property as possible by limiting signage and changes to the exterior fin shes of the building which are not consistent with a single family home. Due to the location of the existi g building on the property, setback variances are also requested. A"hospital use"requires a 100-foot set ack from adjacent residentially zoned properties where the school use only required a 50-foot set ack. Based on the hospital use requirement outlined within City Code 78-418(14),the proposed use requires a minimum of 600 square feet of lot area for each person to be accommodated. The applicant is proposing an 8-bed facility. The property has 25,440 square feet in area and exceeds this requirement. The requirement for open parking spaces in a location other than a required yard cannot be met on this property. A previously approved variance for the previous tiser allowed parking to be located within the required 50-foot side street yard and a 10-foot setback is m t from the interior side lot line and rear lot line. As the new use has a greater yard requirement, a new ariance will need to be granted for the parking within the required 100 foot yard area. 1 The proposed location of the conditional use is in accord with the objectives of the City's conditional use permit and the purposes of the district in which the site is located and the comprehensive municipal plan. Staff also finds that the proposed location of the conditional',use and the proposed condition under which it would be operated or maintained would not be detrimenta'to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed conditional use will comply with each of the applicable provisions of Zoning Ordinance Section 78-916. Staff finds that the proposed use is compatible with the requirements of 78-418(14)and the applicant is able to meet the conditions outlined within the code. As the applicant is proposing to utilize an existing building, a building with some local historic value, staff finds the setback variance request is reasonable. Further,the proposed use will result in fewer vehicle trips tcj and from the site than the previous occupant and in particular will eliminate the high-traffic times of the former occupant. Residents will typically come and go as a group on an outing or other activity in a single vehicle. Clinicians and employees are small in number and visit at staggered times as the facility runs on a 24-hour schedule. Planning Staff recommends approval of the conditional use Permit with variances for the Emily Program as proposed. The Planning Commission recommended approval of the setback variance and conditional use permit limiting the use to 10 beds/clients. The Commission also asked Staff to identify findings and conditions for the resolution which would limit subsequent users of the property who may not be as compatible in a neighborhood setting. Dirk Miller stated the Emily Program is an eating disorder p ogram. Their main office is located in St. Anthony Park but they also have a hub office in St. Louis P k and offices in Stillwater, Duluth, and Burnsville. At the present time they are proposing a ten be. residential program,which would be licensed by the State of Minnesota as an eating disorder st ctured living program. This license has been (6. #10-3442 THE EMILY PROGRAM,2180 NORT SHORE DRIVE, Continued) developed with the State of Minnesota over the past two ye.rs and is granted by the Department of Health. The typical resident will be female between the ag=s of 17 to 25. The Emily Program will have 24-hour nursing care at this facility,with physicians and ps chologists being on call. Miller noted that one of the main concerns raised by the nei:hbors was the possibility of this facility being used by another entity. Miller stated given the fact that the average daily reimbursement rate is $1200 per resident,that the economic benefits for another pe of population to be housed at this 10-bed facility would probably not be economically feasible. The I rogram is primarily funded by private health insurance. Miller noted The Emily Program is probably on; of the largest programs in the state of Minnesota that deals with eating disorders. White asked how The Emily Program would be financing t e purchase of the structure. Miller indicated it would be through a conventional loan. White asked whether physical restraints would be used on 4e patients. Miller stated they would not be using restraints and that it is not a locked facility. White asked whether the patients would be force fed. Miller indicated if that is necessary, it would be done in a h spital setting and not at the facility. Bremer asked how many staff members would be on site at one time if all ten beds were filled. Miller indicated their facility in Chaska has eight people on staff typically and that they do have a weekly meeting where approximately 20 vehicles would come to the site. Miller stated they are anticipating five to eight staff members at this facility during the day,which would be less in the evening. Bremer asked whether there would be evening visitors. Miller stated they would be allowed visitors on weekends. -here is family programming held once a month,which will be done at the St. Louis Park location. Bremer asked what the typical length of stay is for one patieht. Miller stated it is generally between five and five and a half onths. White asked whether the residents would be allowed to vent re outside and walk around the neighborhood. Miller indicated the residents are allowed different outings, uch as going to a restaurant or a movie,and that some of their residents also participate in some volunte r work. Staff is required to be aware of a resident's whereabouts at all times. (6. #10-3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued) McMillan asked how much renovation is proposed for the structure and whether there will be some green space in the back. Miller stated they would like to leave as much green space as they can,with the parking remaining where it currently is. They would like to add a garage on the north side. Curtis noted the application for the garage will be heard next week by the Planning Commission. McMillan asked whether there would be any outpatient services offered. 1 Miller indicated there may be some outpatient services provided and that those numbers have been included in the parking calculation. The outpatient services would be a small part of the program. White asked whether they have any affiliations to any of the local hospitals. Miller stated they are affiliated with Fairview. McMillan asked whether they have experienced any issues that result in police visiting the site, particularly if it is a minor. Miller stated they have not. Miller indicated they are unsu4 how the resident population will be split among their various facilities and that it is not definite they will have any minors at this facility. Miller stated if a minor was at the facility and left,they would be required to call the police. At this time they are only proposing to obtain a license for treating adults. McMillan asked how many parking stalls are available on site. Curtis stated there are 16 parking stalls,which does include',the required handicap stalls. i Franchot asked what type of treatment the resident would re eive prior to coming to the facility. Miller stated that varies on the person and that once they re ch their facility,they would offer four different levels of care: nonintensive outpatient, intensive o tpatient, partial hospitalization or intensive day program. The two intermediate care levels are only done at their St. Louis facility and there would not be any intensive care services offered at this location. Franchot asked approximately how many people are in need of this type of facility within a 10 or 15-mile radius of Orono. Miller indicated he is unable to provide that number. They have done some outreach programs in the various high schools and that they estimate the number of p ople with eating disorders is approximately eight percent of the population. White asked whether food would be cooked onsite. (6. #10-3442 THE EMILY PROGRAM, 2180 NORT SHORE DRIVE, Continued) Miller indicated they would have a chef on site. Murphy asked what attracted them to this site. Miller stated the building is aesthetically attractive and the rea offers a number of amenities, such as the Minnetonka Art Center. Art therapy is incorporated into th it program as is acupuncture. The St. Anthony Park facility is also located in a residential area. hey would like to have a facility that is located in a safe neighborhood. The Emily Program will b a good neighbor and will be responsive to the neighbors' concerns. Murphy commented he has read the information provided on the program and that he hopes the City of Orono will fully understand the program and be willing to upport such a worthwhile program. Michael LaQuey,P.O. Box 94, Crystal Bay, indicated he h s resided in this neighborhood off and on over the years but is not currently residing in the area; although e has personal and business interests still in this neighborhood. LaQuey indicated he has a number of c ncerns regarding the facility,most of which were not discussed by the Planning Commission and/or the!applicant. The first concern deals with the fire safety of the structure. The original structure was constructed in 1892 and the local fire department is not trained or equipped to deal with a fire at this location. In addition,Fairview Hospital is a long distance from this structure,which also goes to patient safety. LaQuey indicated another concern of his deals with biohazard materials and how that will be dealt with. Hospitals inherently have a slightly higher risk for fire than other uses. The application does not go into great detail on their outpatient program and there is nothing in the application about the medical office use,which the outpatient services portion of the program w uld fall under. LaQuey stated that the Emily Program also admits that they are going to have psychiatric reatment at the facility,which covers a wide variety of diagnoses, including schizophrenia and depressio . LaQuey stated there are a number of ways patients could bel court ordered to this facility, including minors. The biggest issue is that once the conditional use permit is granted,The Emily Program can start treating anyone with any disorder, and that he has a concern they may admit patients who are a danger to society. If a 10-bed facility is approved by the City, it becomes a very attractive location for other facilities,which is a major concern. LaQuey indicated this facility will also have a cascading ne ative impact on the valuations of the surrounding properties. LaQuey requested the City Council consider his concerns p for to acting on this application. Murphy stated the Orono/Long Lake Fire Department is onel of the finest trained volunteer fire departments in the state of Minnesota and that they are qualefied to handle everything that the Minneapolis Fire Department is trained to handle. The buikting has also been inspected by the City,the fire department, and police department when the building was occupied by The Hill School and that the sprinkler system is up-to-date and to code. (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) LaQuey stated he did not say that the sprinkler system was of up to code but that there are some fire safety concerns with the building. In addition,there may be some patients at the facility who are immobile. The fire department has not been trained to deal ith hospitals and patients. Murphy pointed out Mr. LaQuey has raised some issues that are potential or possible and that the City Council is going to look very carefully at all valid issues. rphy expressed doubt that this facility will have a negative cascading impact on the property valuations throughout the City. LaQuey indicated he did not say that and limited his comm is to the surrounding properties. Murphy stated that was implied by Mr.LaQuey. White stated Mr. LaQuey has made his points and that he w uld like to hear from the other residents in the audience. White concurred with Council Member Murp y that the building is not a fire hazard and that it is sprinkled. White asked whether Mr. LaQuey has b en inside the building in recent years. Mr. LaQuey indicated he has been in the neighborhood in recent years and inside the building when he was younger. LaQuey noted the windows are rotting and that expanding foam sealant has been used to seal the windows. White noted that type of sealant is used in a number of build ings, including the City's Public Works Building, and that Mr. LaQuey is incorrect in his assertions that the building has not been maintained and is a fire hazard. [ Mike Maddie,2150 Prospect Avenue, stated in his view thelEmily Program's charter is exceptional but that the neighbors do have some anxiety over this facility. Maddie stated his concern relates to the proximity of the building to the neighboring residences and[that he is unsure what the purpose is of the 100-foot setback for hospitals but noted the conditional use permit overrides that. Maddie indicated his primary concern deals with the fact that another medical facility can move into this structure if the Emily Program leaves, and that he is also w rried about the stigma there may be with having a psychiatric facility in their neighborhood. Maddie commented he hopes the program is exceptional but that the residents do have a concern regardi g the use of the property. Maddie asked whether there will be parking on the street to ccommodate visitors. Sheri Danielson, stated she is the parent of two girls and thai she is the new president of the French Creek Homeowners Association and she has been given permission to speak on their behalf. Danielson indicated she only became aware of the Emily Program at the end of January when she was forwarded an e-mail that had been forwarded a number of times from Melissa Maddie. She has read the documents on the City's website regarding this application and noticed that only fifteen actual residents were listed as being notified by the City in December. (6. #10-3442 THE EMILY PROGRAM, 2180 NORT SHORE DRIVE, Continued) Danielson noted the French Creek neighborhood lies 300 fe:t to the west of the property,which is fairly close. Seventeen homeowners live in her neighborhood and only one resident was notified of this request by the applicant. There are 255 potential people in the surrounding area to this facility,which includes the 48 homes closest to the Hill School property. This area ;lso includes the Crystal Bay Post Office, a public playground, a basketball court and a grassy play area The neighborhood area to the east contains 15 additional homes,which also includes a portion of the D.kota Trail and rest stop. The area to the southeast also includes a portion of the Dakota Trail and ha- an additional eight homes. There are approximately 88 homes within close proximity of the Hill ',chool property and yet only 15 residents were notified,which leaves a significant number of resident. that were not notified. Danielson stated in her view this is not a representative hearing given the lack o notice given to a large majority of the residents in the surrounding area. White stated the City is only required by state law to notify •roperty owners within 350 feet of a property that has submitted an application and that the list is provide' by Hennepin County. Danielson asked where the sign has been posted on the Hill School property regarding this application and that they are only hearing about this through an e-mail it at has been forwarded on a number of times. McMillan noted there should have been a sign posted. Danielson stated the person who initiated the e-mail does n 1 t live in the immediate adjoining area. i Turner stated they were probably notified because their name is connected with the common area. Bremer indicated the City obtained the names of the property owners from Hennepin County. Danielson stated they do not have a problem with the Emily'Program but that she does have a problem with the City of Orono. Six other communities within the s ate of Minnesota house The Emily Program and those facilities are located within mixed use districts. Miller stated the Chaska location is in a townhome develop ent and it has been in that location for the past five years. Danielson stated she put together a list of The Emily Program's other locations and the businesses that are within a block or two of them. This neighborhood is exclusively residential,which would be an exception to that. Danielson asked what other alternatives there are for this property and why a quiet residential neighborhood is being forced to accept a 24/7 m dical facility. Danielson concurred there will be less traffic with this use than The Hill School,but the pe ple working for The Emily Program will be working around the clock. There will be lights, noise,traffi , and people who do not reside in the neighborhood driving in and out of the neighborhood at all ours of the day and night. I Danielson asked what kind of safeguards there will be to gu4rantee that this property does not turn into a detention for delinquent teens or a center for sex offenders. ,'The new tenant may not be as easy to accept at this site as The Emily Program. Danielson urged the City Council to protect the neighborhood and find (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) a more appropriate use for this property. Danielson recommended the other 88 property owners be notified and also be given an opportunity to comment on this application. Miller stated he understands the neighbors' concerns and th.t they are not new concerns. In his opinion the neighborhood will not suffer because of The Emily Pro: am and it is doubtful this structure can be used for the other uses suggested by Ms.Danielson. Miller noted one way to protect the neighborhood is for the City to cancel the conditional use permit after The E I ily Program is gone. LaQuey stated as it relates to the fire department,the Orono Fire Department is not close to the facility. White indicated he understands the issues raised by Mr. La S uey relating to the Orono Fire Department and that the fire safety concerns raised by Mr. LaQuey are nit valid ones. White requested Mr. LaQuey limit his comments to concerns not already raised. Mr. LaQuey asked what experience the City has with hospit;1 fires. White noted the City of Orono does not have a hospital. Bremer stated she understands what Mr. LaQuey is saying nut that this is a different facility from a school. White asked whether they would use oxygen in the patients' rooms. Miller noted they would not be and that it would not be lice sed as a psychiatric hospital. It will be licensed as an eating disorder structured living program through the State of Minnesota. Eating programs require both medical and psychiatric treatment. i Maddie asked whether the other locations have received an complaints. Lindsay Brown stated they have not received any complains. 1 Miller noted the City of Chaska actually asked them to look at other potential sites within the City of Chaska to house this facility. Bremer stated she would like to address the conditional use permit, and that it is her understanding that once a conditional use is granted,that conditional use permit stays with the property. Bremer acknowledged the City Council has to look at other potenti 1 future uses this property could be used for once The Emily Program vacates the structure. Bremer not�d the City does have some letters of support in the file as well. Mattick stated the issue of potential future uses varies from pity to city. The state legislature mandates as part of the city's own zoning,that if an entity comes to a cit$ requesting a building in a single-family residential zone and has a maximum of six beds, it is a pernlitted use and does not require a conditional use permit. The Emily Program is proposing 10-beds,which is not a large facility,but does require a conditional use permit. (6. #10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, Continued) Typically a conditional use permit does run with the land fo ever, and that the City is governing the use of the property with a conditional use permit. The city can limit the number of people that it can house and it can also place other restrictions on the use. Mattick point d out that currently people can be ordered to a residential home provided it is not a lock-down facility wi hout the City's permission or knowledge. Mattick indicated he is familiar with The Emily Program. 111ie variance is also necessary and would run with the land. The City determines setbacks to be what they deem appropriate for the district. Mattick noted the City does have the ability to place certain restrictions on the conditional use permit. The applicant has indicated they are agreeable to withdraw from the conditional use permit should they ever vacate the premises. Mattick stated in his view if there is a voluntary action to withdraw the CUP, it would be enforceable. McMillan asked whether that CUP withdrawal could be cha lenged by the potential buyer of the property. Mattick indicated it conceivably could be,but that the recor would reflect an agreement to voluntarily withdraw the conditional use permit by the applicant. Staff as discussed the fact that CUPs are intended to be there forever provided the conditions are met and that ne alternative would be to approve an interim use permit,which would have a time limit imposed n it. 1 Bremer stated she appreciates the concern relating to the pe sonal safety of the residents and that in her view The Emily Program also shares the safety concerns ra sed by the neighbors. Bremer indicated she is not aware of another similar facility within the City and tha the City Council has an obligation to look at all the issues and consider the application in its entirety. Bremer pointed out The Hill School has been on the marke for a number of months and that there are not a lot of buyers currently. A vacant building is not good for he neighborhood since it will deteriorate and create a fire hazard. Bremer asked what inspections have b en done to ensure that the building is up to code. 1 Curtis stated a change in occupancy would need to happen and that The Emily Program will need to meet certain standards. The Hill School did do improvements a f{ew years ago in connection with their expansion and that the fire inspector has signed off on the ulse of this structure for a school. There is an area in the lower portion of the building to house water tanks for the sprinkler system. The building will be re-inspected as part of this application. Tom Betti,Design Group, stated he has been working with he Emily Program for the past four years. The facility in St. Paul is similar to this building and they a e aware there will need to be some changes to the structure. The building has to provide certain fire ratin s,which will require an upgrade to the floor structure to provide a one-hour fire rating and two sets of st irs to the outside. Betti encouraged the neighbors to visit the facility in St. Paul. Betti noted they will also be doing landscaping and replacing a couple of windows. The HVAC system will also be upgraded in order to provide individual heaters land ventilation systems in each room. The lower level is located approximately half below grade. A portion of it will remain storage. The fire (6. #10-3442 THE EMILY PROGRAM, 2180 NORT SHORE DRIVE, Continued) sprinkler system is also located in the lower portion and is very good system. There is also a proposed kitchen area for the lower area. They would like to maintai a residential feel to the structure and there will also be a dining area in the lower level along with the k tchen area. i The main level will have a gathering space,administrative Office space,and meeting places for the families of the patient. The facility will be 100 percent ADA compliant. The upstairs will contain the bedrooms,with each bedroom containing two beds, closet space and a bathroom. There will also be a living room with a computer station located upstairs. The residents will be responsible for their own laundry, so there will be laundry facilities available. One of the stairways will be rebuilt to comply with the City's Fire Code. 1 White asked whether there would be someone on duty on th- living floor at all times. Betti stated there will be someone on duty on that floor. Th residents will also be gone for a portion of the day on different outings. McMillan asked if there will be major renovation of the bui •ing. Betti indicated the lower level will not require much upgrad ng. The bathrooms will be upgraded. From the main level up,the majority of the walls will be left alon:. There will be sheetrock added to the flooring to achieve the correct fire rating. There are some .ter damaged areas which will also be corrected. Bremer asked how disruptive the remodeling will be. Betti indicated there is good access to the site and that he d es not anticipate it will be very disruptive. The construction is anticipated to last five to six months. Murphy noted the City did take steps to ensure that the sch of was brought up to code when The Hill School occupied the building. i LaQuey asked as it relates to the 350-foot notification give if that is a minimum requirement and whether the City could have extended that if it chose to. White stated the City could notify the entire city if it chose o on a particular application but that it followed the standard notification process on this application. White pointed out that this is the City Council's first look at this application and that a property o ner does have the right to submit an application to the City for consideration. McMillan stated the sign should be posted. Mattick noted the City also did publish notice of the applic.tion in the local newspaper. LaQuey stated he understands the signage will be minimal for this facility. LaQuey noted the setback from the front is 44 feet and the City's standard is 100 feet,which is a reason for not approving the (6. #10-3442 THE EMILY PROGRAM, 2180 NORT SHORE DRIVE, Continued) variance since it will have an impact on the other properties. As it concerns the biohazard material,there may also be a vendor that picks up the material and there are also issues with storage and children possibly having access to that. White asked whether there will be any medical waste associated with this use. Lindsay Brown stated there will not be any. LaQuey noted there are also two million dollar houses in th neighborhood for sale. He grew up in the neighborhood and he has heard a number of complaints in t e past few years that they cannot afford to live in their own neighborhood they grew up in. LaQuey s ggested that one possible use for this property would be medium priced condominiums. Murphy pointed out this is not the City's initiative and that_fan application had come before the City requesting permission to turn this property into condominiums,they would follow the same process. I LaQuey stated he had assumed in his prior comments that t e Orono Fire Department has not had training in fighting hospital fires but that he still feels the building is a fire hazard. LaQuey reiterated this facility will negatively impact the property valuations in the neighb rhood. White stated he is familiar with this structure and that it is n t a fire hazard. LaQuey indicated he used to go into the building when he as younger and that the windows are rotting. Murphy asked that as the neighbors present their concerns, at they discuss their real concerns that they would like the Council to deal with. Murphy stated the Co ncil is following the appropriate procedures with this application and have notified the property owners -equired by law. Murphy expressed a concern that the residents do not fully understand the program that is being proposed for this location. LaQuey stated he has an eating disorder so he understands*hat the program is about. 1 Murphy asked if Mr. LaQuey understands the severity of th disease that the Emily Program is attempting to address and the lives that they are attempting to save. M rphy commented that this is not a trivial issue that the program has to deal with. LaQuey stated he can sympathize with the patients since he does have an eating disorder himself His core concern relates to the devaluation of the surrounding properties. LaQuey stated this facility will be referred to as a psych ward and will have a detrimental impact on the neighborhood and property values. LaQuey indicated it is his understanding that a different license can be granted under the same conditional use permit. Bremer noted a new type of license has already been implemented by the State of Minnesota and that the license would be tied to the conditional use permit. LaQuey stated that license can change. (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Bremer stated that would be a detailed process and would require the applicant to go through a public hearing since the use of the property would change. r Mattick reiterated that a state license is only required for a facility that houses more than six patients. LaQuey stated as it regards the six-bed facility,there would;be different limitations on that type of facility, and that a sex offender facility is a potential future gtse for this property. Maddie asked if it is possible for this application to go from a conditional use permit to an interim use permit. Mattick indicated it would require a change to the City's co e and that the request would need to come from the applicant. A conditional use permit can be termin ted for lack of use if the property is left vacant for a period of time. The Emily Program could also ubmit a request to the City once they leave the property that the conditional use permit be terminated. McMillan asked whether their other facilities have an outdoor sitting area. Miller stated there is limited green space on the property bu that they have proposed an outdoor walkway going from the building to the garage. They would also like to have a little garden and fire pit. McMillan stated they would like to know exactly everythin the applicant is proposing for the site given the limitations of space. Betti stated they would like a garage for the van, a garbage nclosure, and will be improving the landscaping, such as additional plants and possibly some ra. gardens. They are willing to share those plans with the neighbors. 1 Franchot stated his biggest concern is what the future use of the property would be once The Emily Program vacates the building. Franchot commented he has heard a number of very positive comments about The Emily Program. White stated he would like some more information from th other cities that have The Emily Program located in their area. Murphy recommended that Dr. Miller and the neighbors ge together to discuss their concerns. Bremer indicated she would like this application to be brou#ht back before the Council at the same time as the application for the garage. Bremer moved,Murphy seconded,to table Application#10-3442,The Emily Program,2180 North Shore Drive. McMillan requested the applicant be given the required sip to be posted on the property or building. VOTE: Ayes 5,Nays 0. Cc- 11.2012010 r 6 Acting Mayor Murphy asked for any additional public corn ents not related to Item No. 4. Michael LaQuey,P.O. Box 94, Crystal Bay, stated the Envi onmental Protection Agency has a website called medical waste. Mr.LaQuey cited the following: Medical aste is all waste materials generated in a health care facility, such as hospitals,clinics,physician's offices, d ntal practices,blood banks,veterinarian hospitals,clinics, as well as medical research facilities and 1 boratories. The Medical Waste Tracking Act of 1988 defines medical waste as any solid waste that is generated in the diagnosis,treatment and immunization of human beings or animals and research pertaining thereto or in the production or testing of biologicals. This definition includes but is not limited to blood soaked bands es, culture dishes and other glassware, discarded surgical gloves, discarded surgical instruments, di surgical edles*d to give shots or draw blood, e.g., , medical sharps, cultures, stocks, swabs used to inoculate cut res,r s ved parts and discarded lancets. LaQuey stated on the website for the American Wo it g C°1111cil there is a document called Design for Code Acceptance. Acting Mayor Murphy asked if this comment is related Project. LaQuey stated he is not connecting it and is just reading off eneraf n ormation for the City Council. Acting Mayor Murphy stated it appears Mr. LeQuey is coo ' ting it to The Emily Project. LaQuey indicated he did not make that connection and is ju reading general information. Some of the things that should be looked at is the stud separation for one hour had bearing food frame wall assemblies,which also pertains to one hour fire rated floors,24-inch sepato ,the type of insulation,the type of furring,the type of sheathing,the ceiling sheathing,fasteners, and other details.' LaQuey stated on the National Fire Protection Associationwebsite there is a document dated February of 2009 relating to structure fires in medical, n mental health and substance abuse facilities. The study found that of all structure fires, 0.07 percent occur health" care facilities,which may not sound like a lot but is seven out of 1000. Of those, ou have increased risk if you are cooking or have a kitchen,you are at increased risk if you have launder s t ese type ohospital fires. They also found that cooking equipment was the leading cause of r ' j la 1 or mental health and subst nce abuse facility structure fires in 2003 to 2006. P G DEPARTME PORT *3 #09-3436 LORI AND RICIARD GHERARDI,1700 ETHEL AVENUE—VARIANCE— RESOLU ION NO.5915 Bremer mov d,Franchot seconded,to adopt RESOLUTION NO.5915,a Resolution Granting a Variance to the Ton-il'ts)'''''14rinesota,City Code Section 78-350,for the property located at 2700 Ethel Avenue. VOTE:`Ayes 4%N!ijs 0. 4. #10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE—CONDITIONAL USE PERMIT AND GARAGE CONSTRUCTION Dirk Miller,Applicant,was present. Curtis noted this application was tabled from the February 8th City Council meeting to allow the applicant time to hold a meeting for the neighborhood to have their questions and concerns addressed as well as to give Council and Staff time to review the entire application, including the construction of the garage. Curtis stated the applicant is requesting conditional use pe it approval in order to operate a 10-bed, inpatient residential eating disorder treatment facility with limited ou -patient services within the existing building on the property, formerly the Hill School. The applicant intends to maintain as much of a residential character of the property as possible by limiting signage and changes to he exterior finishes of the building which are not consistent with a single-family home. A detached garage is also part of this application. Due to the location of the existing building and the proposed detached garage on t e property, setback variances are also requested. The detached garage will also require a structural coverage ariance to allow 17 percent structural coverage where 15 percent is allowed and 14.7 percent currently exists. On February 17th,the applicant held an informative meetingfor the ne4ghborhood. At this meeting the neighborhood was able to ask questions about the applican facility, y to-day operation, and other issues of concern. Planning Staff and the City Attorney have been working wi the applicant on'developnconditions of approval for this proposed use. The following are some" conditions: 1. There shall be a maximum of 10 patients at any gi time nerved on an inpatient basis. 2. Interior modifications and limited exterior modificmodifications are permitted which will maintain the local historical value. 3. The 616 square foot detached garage will house a v and garden equipment and shall be architecturally similar to the Hill School build , 4. The proposed 10-bed inpatient residential eating di order treatment facility shall not be a lock-down facility. Patients may leave the uilding at uponneffil' ation of stuff. 5. There shall be no use anits in this facility. 6. There shall be no biohazariftit, dical waste generated at this facility. 7. , outpatientservices available atlhis facility shah be limited to weekdays between the hours of and 7 p i. 1 8 ;4 11 staff parking shall he ithin the property's existing parking lot. Establish a shared parking agreement with the Minnetonka Art Center to avoid the need for parking on - 'al streets. (4. #10 34427171 E VOMYPROGRAM, 2180 NORT SHORE DRIVE, Continued) 10. The applicant l make an application for withdra al of the conditional use permit granted by this resolution when acid if the property is ever sold or nsferred to another owner. 11. Visiting hours shall be limited to weekday evenings between 5 p.m. and 9 p.m. and weekend visiting hours shall be limited to the hours between 8 a.m. d 9 p.m. 12. Multi-family Saturday group sessions,which will e ceed the existing parking, shall not be held at this location. II 13. The user shall hold an active Minnesota State Depa ment of Human Services License for an eating disorder structured living program. Annual verifica ion of licensure may be required. On January 19th,the Planning Commission recommended approval of the setback variance and conditional use permit limiting the use to 10 beds/inpatient clients. At the F1,ebruary 16`h meeting,the Planning Commission recommended denial of the variances to allow the detached :arage as currently proposed. The Commission suggested reorienting the garage on the property,parallel to he lot lines and the existing building, orientation of the overhead doors to the street or inward facing the exis u'ng building, and utilization of the existing parking area to access the proposed garage. Staff recommends approval of the setback variance and the onditional use permit with the appropriate conditions. The applicant has requested there be a vote t e use'S y may plan appropriately. Should the Council approve the use on Monday night,the applicant is filling to work with to develop additional conditions for the resolution for adoption at the March i'" suncil meeting. Acting Mayor Murphy stated the official public hearing h ld atthe Planning Commission level but that he would allow new comments pertaining to this application if ny. l residents are interested in providing comment. Dr.Miller stated he would like the City Council to know di the understands the concerns and fears of the neighborhood residents and that he would encourage the re dents to keep track of the larger issue. The Emily Program is a world-class eating disorder program and empl e s of the best mental health people in the state. The Emily Program has been in this business longer t an ody and the program has been very well thought out. r Dr. Miller commented that as a state,how we deal with our Iderly,the sick, and the mentally ill, is a measure of who we are as a society. The eating disorder population s a well-behaved, conscientious, and concerned population that follows the rules. A "e last council meetin ,a discussion was had about the St. Anthony Park location and the Chaska location The/Emily Program woul like to be a good neighbor to the residents. The patients participate in the community conscientious, an are willing to work with the neighborhood. Dr. Miller stated ropinion this corn n of the Emily P ogram and the City of Orono will allow the residents to he a of s ng goo ' r, Mid Pointe out that there are currently people in Orono who suffer from eating disorders, pression anda lism, an the patients who are receiving treatment are not to be feared. ller stated in his view some ofte concerns that have been expressed are irrational fears and that he ed to Address those at the neighborhood meeting. The Emily Program brought people to the (4. #.10- 442 THE EMILY PROGRAM, 2180 NORT, SHORE DRIVE, Continued) neighborhood m • to explainwho we are. The resident were invited to tour the facilities. The Emily Program is also w to bringclients to the meeting if the City Council would deem that appropriate. Dr. Miller stated they are running a transparent operation an' are not attempting to hide anything. Dr. Miller commented that he feels there is a silent majority in this co i munity that is supportive of this program, and that he would encourage the City Council to be supportive of thi. program as well. Dr. Miller stated he believes The Emily Program can hold u s their end of the bargain and that this location will be a wonderful spot. As it relates to property valuations, at their site in St. Anthony Park,there were two properties directly adjacent to that facility that had been on 'he market and sold within a week. The two properties located across the street from the Hill School hay- been on the market for three months and have r not sold. Dr. Miller stated if there are property valuation priblems in this neighborhood,they are not the responsibility of The Emily Program and that they will prop•rly maintain their facility. Dr.Miller stated he will attempt to address any issues that come up tonight. Acting Mayor Murphy asked whether any of the residents h.ve visited one of the Emily Program facilities. Murphy noted that two residents out of approximately 40 m:mbers of the audience have. Acting Mayor Murphy opened the public hearing at 7:23 p. . Michael LaQuey,P.O. Box 94, Crystal Bay,noted he wo 7 �a'`+ at the Mayo Clinic for six years,not in the capacity of an administrator or as a provider, but comm � that when you w.or gt a medical facility,you do pick up some general knowledge of hospitals and clinics Quey stated in his opinion there will be medical waste generated at this facility. LaQuey stated issue number two relates to additional safety nsiderations. LaQuey requested the opportunity to see a detailed construction material schedule,with prior; its validated against that schedule. LaQuey indicated he also has some questions about the elevator and hat he'does*"feel it is big enough to fit a gurney with two people. In addition,there is an increased risk of fi e because hospitals in general have an increased risk;there is an increased risk of fire because i is a wood s cture: and there is an increased risk of fire in the fact that the patients will be doing their own I �._+ and that there will be a kitchen at this location. LaQuey stated in his opinion there will be inched traffic ,Ulocation. If there are two psychologists and one psychiatrist at this facilityseeingout atient'at one hourl intervals that willgenerate 21 outpatient visits a p Y p � � day,which will result in increased true under thisrosa . LaQuey proposed that the City Council impose a moratorium on any increased traffic this area of Oronobecause the roads are inadequate for the current traffic levels. LaQuey stated he has been familiar with this ea since 1965 and has observed the traffic patterns in this area. LaQuey stated in his opinion ther l not be significant benefit to the community from The Emily Program. The neighbors have asked the apple t whaf�patient demographics will be. The majority of the patients will be people from outs ono andfrom su mmunities as North and South Minneapolis,Minnetonka Beac �dii� Plym��cth La tated he would propose that if the current CUP is not used for a school and if there is no intention for there e a school at this location,as well as the fact that t ere are some nonconforming issues with the (4,; #10-3442 THE EMIL 7RO RAM, 2180 NORT SHORE DRIVE, Continued) current'hui :n ,such as the drainagepool and fire code/bui ding issues,that the City Council,revoke the CUP and revert the property to coforng. LaQuey reiterated his rer+� � at the City Council impose moratorium on increased traffic and revoke the CUP. LaQuey stated the , rll be medical waste generated t this facility and there will be an increased danger of fire,which relate to the local issues of fire and saf ty and valuations,which are reasons why the CUP should be denied. Gregg Steinhafel,2265 North Shore Drive, stated he is a bo rd member of Tree House,which is a local nonprofit that serves troubled youths between the ages o.f 14 and 18, so he is very familiar with troubled youth and their needs. Steinhafel indicated he sympathizes with t m as well as the patients at The Emily Program. On behalf of many Orono homeowners in opposition to The Emily Program, Steinhafel indicated he has a statement he would like to read. "First of all,we,the neighbors,have great admiration for th kind of work that is being done at Emily's Program, and in no way do these comments reflect anythin other than this fact. However,we believe that the decision to grant CUP to Emily's Program should be unani ously denied for the following reasons: First,not all neighbors have received timely due notice of Emily's Program's desires to operate this medical facility in the Hill School property. Second, due diligence has not been completed by the neigh ors or the City.. There has not been enough time to thoroughly examine and understand the risks and benefits o this mental health facility being located in our neighborhood. Additionally,we need more time to understand the factersus fiction since there are so many contradictions and accusations that have surfaced. ;;. Three,Emily's Program and Dr. Dirk Miller should of a ess the neighbors and ity's concerns in writing and for the record. Fourth,the City should allow the Art Center and its neighbors more time to explore other alternative uses for the Hill School property. And fifth,and this is the most important reason to d ns the I onditional use Program for Emily's Program. First of all, let me repeat,this is not about Emily s Program .The question isliAalether to open this lot up to hospital,nursing care,restroom, sanitarium,medical clings . medical outpatient usage; in other words, general medical uses. Granting the requestAtte requested an40/ and the conditional use permit,will create rights that run with the land. Let me repeat. With the land, St E 's Program, and allow the medical uses mentioned previously and other similar medical uses. This of is to o s hall for medical uses. The setback requirements in the zoning code for medical uses protects nearby homes by providing a buffer between the residential uses and the medical uso; ranting the variances willgnificantly reduce the buffer to the detriment of the neighborhood. , Before any vote on this application,all'<the draft conditions to be placed in the conditional use permit should be in writing and circulated to all interested ies. No vote s ould be taken while conditions are `still being reviewed rea r inclusion in thestall report.' Ci culation of the draft conditions should occur well before thee'i ncil' g where the Ni. tes will be tak n so all interested parties have sufficient time to review the conditio ,and to lop additionatVonditions i needed. (4. -3442 THE EMIL-�,` ROGRAM, 2180 NORT SHORE DRIVE, Continued) st importantly, draft condition`number ten in the reqnest for council action may not be enforceable. This ition appears to limit the property's future use to the Emily Program by requiring the applicant to `withdraw the nditional use pe tithe property is ever fold or transferred to another owner.' However, this condition mad not be enfo able under State of Minnesota law. Where others have tried,everyone has lost. So in'ether wor - these permanent rights granted to the property,not the tenant,with no future approval pp re ui q r o ,,, ieil uses. For these reasons,we strongly believe that Emily's Program has no place at the Hill Se mil location n and that their request for a •onditional use permit should be unequivocally denied." Mattick stated generally what is being discussed as it relates o the CUPs is that you are not allowed to put in a sunset provision. Mattick stated he believes that it is a true - .tement that a sunset provision is unenforceable. Minnesota Statutes allow a City to limit the time frame on a onditional use permit through the use of an interim use permit,which would be the best option. Orono .oes not currently have that in their City Code, so it is not an option at this time. Mattick noted The Emily Program has stated as part of the C P process that they would sign off on the sunset provision. The applicant could agree to withdraw the CUP, i'ut Mattick indicated that has not been tested to his knowledge in the courts. If the City is going to limit the time on a use,the preferable way would be to do it in the form of an interim use permit. Bremer asked what is preventing the City of Orono from changing their code to allow interim use permits. Mattick stated the City Council would need to go through t normal zoning ordinance process,which would require a public hearing and a review by the Planning Com ission. Steinhafel indicated that some of the land use individuals th t he has token to agree to the point that the CUP goes with the land,and if you want the CUP to be withdraw ore at some point,you have to change the code in order to make it iron clad. The way the code stands. day; applicant cannot just withdraw it. The concern of the neighbors is the fact that the CUP would sta with the property. Aaron Printup, 2195 Prospect Avenue, stated he has lived i this area for 33 years that he looks at the Hill School property every day. Printup stated he is a fiercely lo>al person to his comm unity but he is opposed to the Hill School becoming a treatment and rehab facility to =`at the dearly mental illness of eating disorders. The neighbors have been led to believe that people sufferin® from eating disorders are nonviolent. In addition, they have been told there will be court orders for some. Pesple with eating disorders are mentally ill and do need help. That help would be better received closer to; h s spital or in a hospital. Printup indicated that in his experience people who re nd/court order ten to be defensive, make poor choices,and are likely to walk away. Printup stated he doe-deal mental health individuals in his line of work and that he does not want people who make those bad d h ` ing in his neighborhood because they could make the choice to harm themselves. Printup i cat:d he not want to take a chance of any of them harming his 15 month old daughter or an of his neighbors. Printup encouraged people to ima selling their home an having it listed as a home in historic Crystal Bay, blocks away from the majestic je fake Minnetonka, for ating and fishing,take walks on beautiful parks and trails,and home of the hiktorio 11 School, school at th end of the road,new home of the treatment and (4. #IQ 344 4fILYPROG 2180 NORT SHORE DRIVE, Continued) rehab for the ntally ill. Printup staid the residents do not pay premium taxes to live in the beauty and s at rural charm df C no to have that as a neighbor. Printup noted that a police call to that facility will cost the community and taxpayers. If the neighbors notice a hi e of traffic,there is nothing they can do about it. The permit stays with the property. When someonehurt or is runningdown the street trying to run away or is found in the park having made a poor choice,there is nothing the neig ors can do to make the pr gram leave. There is a very likely possibility, if the eating disorder aspf,st does p ork out, and because th t disorder is a mental illness,that then paves the way for other rental h" . patients to move in,which is st to law. Many times people with mental health issues are also cigare okers. Printup indicated he does not want his child to be around or see people who smoke. Printup asked if anyone on the Council has any interest or b ckground in this program. Every council member he has spoken to by phone has stated the same two reasons or why they support the program. The reasons given were that building vacancy is bad and helping people s good. It was also quoted in the newspaper about what's not to like about this program. Printup stated when e asked the mayor this question, he was given two reasons: building vacancy is bad and helping people is goo/. Printup comments that that seems to be a common theme or line to support it. Printup stated he has heard more valid public safety reason lI not to support it and that he would like to keep Orono rural in character. Printup requested the City Councjil delay any approval vote tonight or in the very near future because a lot more thought and consideration needs to go into this application. Printup requested the City Council not take the approach of"I know what's best for you,"because we live here,we know best, and those are the two reasons why you should oppose this program from operating in Orono. Steve Byrnes, 1025 Heritage Lane,noted that he does have connection to the Emily Program. Byrnes stated he has never met Dr. Miller,but he would like to say thank ou to him for saving his sister's life,who suffered from an eating disorder. Byrnes commented that it is time some of the residents spe: in favor and support of The Emily Program. Byrnes indicated he has been a resident of Orono his entire''.dult life a that he s surprised at the reaction of some of his neighbors. The residents here live in a wond 1 city,with a number of resources.. This is an opportunity to help others. Byrnes stated simply because y®4','Psuffer from an eating differ does not mean that you are mentally ill. The people who seek help for an-iting disorder is because they want help and not because they are court ordered. Byrnes noted he does have some concerns as well. He has o small boys who like to play in the park,walk to the post office, and run on the trail. Byrnes stated the provi•ions he has and from Dr. Miller and the fact that they are willing to surrender the CUP is goodnougipr h'ag and that this is a wonderful opportunity to help our neighbors and other people out. Mike Maddie,2150 Prospect Avenue, statedstatedVowing the rst city Council meeting,he wanted to learn some more facts about The EmilyProgram. He didmake a visit io one the facilities because he had some �I ne ofhe major concerns is what due diligence concerns due to his lack of knowledgell�out the prc� raj g has been done by the City and Staff as it relates to this ag tion and the fact that all of the information on the program has come from the applicant. (4. #10-3442 THE EMILY ()GRAM,2180 NORT', SHORE DRIVE, Continued) Maddie indicated he did go to the Na nal tang Disorders website in an attempt to learn more about this disorder � �; t �` Auld like to diddle grou d on this application and try to figure out what furthe, '�o�atiori""�s n " In order to del ' ne,:what is pest for The Emily Program,the community, and the rodents of this neighbothot. die noted the majority of the residents oppose the proposed location. Some of the rationale for opposinginclude, one, operating a %7 facility will change the character and identity of the Crystal Bay neighbo ,two, constant em cy calls at the facility will have an impact on the children's perspective of safety in the neighborhood;and' ee, in terms of safety and risk concerns,the facility will be a non-locked down facility. Made asked Wit&feasible to presume that'Isomeone with suicidal thoughts who flees the facility will pose,a clear a resent risk. Murphy noted an adderFurn to that statement would be, a cl ar and present risk to whom. Maddie indicated he presumes the person would be a risk to imself. As it relates to traffic and parking, based on the research that he has done,all logical indication point to the fact that it is likely traffic will increase on the weekends,which is when most people will b home. Maddie noted he did speak to some real estate agents who seem to think that property valuations cou d potentially be negatively impacted but they are unable to quantify that. Maddie stated as it relates to due diligence on complaints ag inst the facility,the residents were told by Dr. Miller that he was aware of no complaints against the buildi g. The neighbors feel that additional objective research should be done. The residents to date have been to d that it is the City's feeling that this use will result in reduced traffic for the neighborhood and that the C ty should get behind this program because there is nothing not to like about it. In order to obtain an understanding of where people stand o this application,a straw poll was conducted. The majority of the people in the area are opposed to the propos d location. The French Creek Association does not support the location of the facility. Maddie noted note ery resident in this area has been canvassed,but that 76 percent of the immediate residents have been. Of the people, 97 percent of the people are opposed to the location. Maddie commented that the voice of the com unity isagainst this location. � � In terms of the Emily Program itself,Maddie stated in ;`.inion there not a person in this room who does not support the program or its charter. The Emily Prot` as made itive impact on people's lives and it is an exceptional program,which is not at debate tonight addle stated the qtt stt�� tons t is whether this is the right location for this facility. Maddie displayed an illustration of the Chaska location an e overhead and pointed out that the area consists of a residential area and a mixed use area. In addition,the w is a tov� se complex in the area. Murphy noted the facility in Chaska is in the process of clo ing. Maddie stated the data shows that the program is exception, In order to deal with one of the safety and risk concerns raised by the residents,he did look at police reco f 4 the Chaska Police Department and the St. Paul Police Department to understand how,an calls have .een placed t the facilities. The majority of the calls were made to the Chaska facility and calls were ade to the St. Paul location. There were 12 missing person's reports, 11 death/suicide in 'rogres or att mpts7 seven mental health concerns, and six 4. #10-3442 THE EMILYl RAM 2/80.; RE DRIi�E Continued emergency commit/officer initiating rills. These reports 'i. ade over a period of multiple years. Maddie recommended the City took a closer lookat the police repo s to find out in what context the calls were made. In terms of tom, all medical serve e tit Thew,Emily Program provides,they do lab work and acupuncture, but it is unclear whether it 111 be done*this i y. Ma commented that peopleare concerned about the traffic and parking, and noted that the neighbors were toldthe residents would not have cars but yet on the we site it says that individual plans for vehicles will b; fed. Maddie stated his opinion The�tly Program is a fantas is program and he would like to hear from actual resident the program. Maddie rid sated he did visit theChaska facility and chat with some of the patients down there. The fol't ng are; of the comments that Were received: "I wish I weren't here but they don't bother me and h'f bother them; I have no proble 's with it; it is a great program." In addition,there were some commentsreceived from the neighbors of the C aska facility who felt that there was not enough thought given to the i "' Om the neighbors,that parking as a problem as well as the number of ambulance calls to the facility. Maddie indicated he also heard a state ent from one of the neighbors that a lady ran down the street screaming foul obscenities,and another statement rom a different neighbor that was told when he complained,"that's what you have to expect from girls,"an another statement that the police have been there often. Maddie indicated he is not sure if this statement is v. id or not but that he did obtain addresses from all the people that he got statements from. In terms of property valuations,Maddie noted he did speak ith a few real estate professionals. Mayor White commented that it is not prudent to think that real estate val es will be systemic across the City,but the possibility is real that it will impact the valuations to some gree and will have a drawback on neighborhood appeal. According to Chris Young, Edina real estate agent,perception does affect valuation. Another concern raised is how to prevent the scope of services from expanding and not migrating into other treatments, which is a real possibility. Maddie stated the residents would like to do some more due diligence and find out what the police reports are about and get a perception of what the calls were about. Maddie noted the City's charter is to preserve the local char:cter and identity,which does not mean just the building but the intangible aspects of the neighborhood as ell. People are concerned that the identity and character of the neighborhood will be negatively impacted i the Emily Program facility is approved. Maddie noted that the voices of the neighbors should count,which i what democracy is all about. Maddie asked the audience whether they think The Emil P Ogram's#orter;is exceptional and that it has a positive impact on people's lives. The majority of the audience members noted their agreeme'',,t, Maddie asked whether the residents feel this is the wrong * ation for the facility. The majority of the audience members noted their agreeme t. Maddie noted the purchase price for this lot is appro' l'. $800,000 and that The Emily Program is proposing to spend two million dollars on renovating .ldingw Maddie encouraged the City and The Emily Program to look at other properties within the count' ity that would offer three to five acres. There is (4. #10-3442 THE EMILYPROGRAM;2180 NORT, SHORE Continued DRIVE, nothing to prevent the community from doing something unique and identifying a location where everyone can compromise,which will result in `winfwin situation lot of open space and there are a number of other lots that can be consideredMaddie stated in his view the community is not saying no to the program but that they feel there is a better loaon for it. Vicky Nann, 1300 French Creek Drive,indicated she is a li ensed realtor in the State of Minnesota and that she has do research on what could happen to property valuations should a psychiatric inpatient facility be open ei d. Nann noted there was not a great deal of quantitative information available, but that le to /study that was done in metropolitan Toronto on property values and mental health f i, ies. Accordingthe wort, it said that the most important influences on sales price are the characteristics of the property ttseln this situation we have a school building that is decades old,which is proposed to become an inpatiOnf,psychiatric facility,which involves a number of different cha eteristics from that of a school Nann indicated she would like to echo Maddie's comments .n the parking concerns, nighttime lighting, and _emergency calls at ours oft .day; all of which is very ifferent from the school. Nann stated she loves the environment of t e French Lek neighborhood,the cha acter of the Hill School, and the Minnetonka Art Center. As a realtor,she represents buyers who are looking for a certain quality of life. If this school is transformed into an inpatient psychiatric treatment facility, ' would have a negative impact on buyers. At the present time it is difficult to sell a house in the Twin Cities. Average sales prices in the Twin Cities are down 30 percent from the peak in 2006. Nann stated she is convi ced that if this building is changed to an inpatient psychiatric facility,the neighbors will be looking at longer t mes for sales to occur and lower prices. Nann stated she personally is in support of The Emily's pro,ram but does not feel a residential area for this use is appropriate. The Retreat in Wayzata is located on a lot in'a mixed use area and is tucked back behind a number of trees. The Hazelton in Plymouth is located on 13 acres. This location does not have the appropriate space. There are hundreds of commercial properties that anavailable currently. Nann indicated she went through the MLS in their commercial property listings and .und six sites right in the area that are already zoned commercial. Nann stated she would be happy to pro ide that information to The Emily Program. One lot is priced at$649,900,which is located on Shoreline Dri e and consists of approximately three and a half wooded acres. Nann stated that is just one of potentially do ens of properties in the western Twin Cities area that might be appropriate for this project. Nann indicated s e is opposed to the project at this location. Dr. Miller commented that what he is hearing in his view d es not reflect support of The Emily Program and that the residents are trying to define it as just the location. In his view the issue is that the residents do not want this in their back yard. After hearing the presentation,'a lot of the issues raised were conjecture. Dr. Miller noted the chief of police in Chaska sent a letter t,the City addressing some of those issues. The Chaska police chief has stated that they have received no c plaints or concerns about their facility and that he feels it has zero negative impact on the neighborhood or omm nity ', addition,the City planner of Chaska has asked The Emily Program to stay in Chaska ant to oarAider other sites whin Chaska. Dr. Miller stated The Emily Program is very good at runnin' eating disorder programs and that it is not a psychiatric hospital. There currently is a moratorium on.ho;pital beds in Minnesota and it is practically impossible to get a license for a hospital in this state. Dr. ller stated there are zero 10-bed alcohol treatment programs in the United States and only one sex offender pre tram in Minnesotathat is not associated with the (4. #10-3442 THE EMILY PROGRAM,2180 NO t .P SHORE DRIVE, Continued) prisons called the Alpha House,which charges$125 a day.,'': l Emily Program receives $1200. Dr.Miller indicated a 10-bed inpatient residential facility i simply not economjcally feasible for most programs. Dr. Miller stated in his opinion a number of the concert,rai ed by the neighbors will not occur. We all live near alcoholics but we do not con r them to be horriblepeople where we have to lock our doors and be afraid of them. Dr. Miller comme that in his view he tening to a lot of irrational fears which simply will not come to fruition. Steinhafel commented that they heard resounding support far the program tonight and that the neighbors' opposition is to,the ation. Steinhafel rested The Emil) Program consider other alternative locations. Dr. Mil fdthey are constantly looking fir sites and that they feel this location will meet their needs. D 4011 stated she understands,the residents' concerns and lthat she appreciates their support of The Emily The mismatch is that they are not an inpatient psychiatric facility. What The Emily Program is is a residential treatment ram, and in order to'be in a residential eating disorder treatment pro u have to be locateddi a es residential area. Dr. Croll stated they want a structure that will feel like a home an office building' Dr. Miller stated, e squfootage of the Hill School is 10,Q00 square feet. They are willing to consider any space and are still I at properties. If theyfind a space will work,theywill pursue it. Dr.Miller P g 1? p P commented that the" in my back yard" is sad to hear fro the residents and that he is not sure what the fear is about eating disorders. Dr. Croll indicated she runs all the educational programs for The Emily Program and that they would like to change the residents' minds about how people with eating disorders are perceived. Dr. Croll stated she does not want the residents to leave the meeting tonight thinking at people with eating disorders are psychotic. Dr. Croll reiterated her appreciation of the residents' suppo of The Emily Program's charter and expressed a hope that the residents will extend that support to treatment f these people. I Sam Marfield,2455 North Shore Drive, commented that he loves this city and that it is a wonderful place to live. Marfield noted that the people with The Emily Progra do not know for certain that their real estate values will not go down. Marfield pointed out that they ha e had two people get up and say that our real estate values may go down and that it is likely they will not go up. Marfield questioned how Dr.Miller can say they are afraid real estate values will go down. Dr. Miller stated there is no evidence to support a decrease n property valuations and that it is all conjecture. If your home was located next to a 50-bed psychiatric hospial,that might impact your valuations. There is no evidence that having a 10-bed facility in the neighborhood Will causeproper ;:values to decrease. Dr. Croll noted they will be improving the building. Marfield stated valuations are dependent on emotion th t it as he opinion the real estate person that property values may go down. Dr. Miller asked why the houses in this neighborhood are n4 t selling at the present time and questioned how The Emily Program has influenced that. (4. #10-3442 THE EMILYPROGRAM,2180 NORT SHORE DRIVE, Continued) Bremer stated the point is that it is not known whether prop rty values will decrease if The Emily Program is located in this neighborhood. Marfield commented that they do not want to take the chant e of that happening to their valuations. Marfield stated they could go to Billy's Lighthouse or go to the V in Mound that is currently in foreclosure. There are also two Snyder Drug Stores that are going to be,vacant that could be used for this program. Marfield commented that there are a number of failed real esten'l res around the area that could be considered. i Dr. Miller noted that this building hake appropriate zonin:. and that the owner is willing to sell the property. Sandra Dess, 1260 French Creek Drives asked if it is also irifational to assume that there will be an increase in traffic and emergency vehicles. Dr. M r stated it is not Pratt Dess stated to have those types issues in a residential are is disruptive to the neighborhood and is not it ttibnal 1 • Dr. Croll stated Dr. Miller is attempting to put some perspe tive to the issues. In the past four years,there have been 38 calls to their facilities. Some of them have been minor and some have been emergencies. That amounts to less than once a month that an emergency vehicle will need to come to the building. Dess stated to her that i i of activity in a quiet residential area and is an overwhelming concern for the neighbors. Shari Danielson, 1250 French Creek Drive, stated everythin she has read about anorexia and bulimia is that it is a mental issue and not a physical issue. Dr. Croll indicated it is both. Danielson stated she did call one of The Emily Program's c inics and asked what the screening process would be for a patient. Danielson indicated she was told there wo Id be a psychiatric evaluation and a drug and alcohol evaluation in that first initial screening. She was to that is normal because a lot of these people have drug and alcohol issues in addition to the mental health issu of the eating disorder. Danielson asked if that is their standard protocol. Dr.Miller indicated it is. Dr. Croll stated the alcohol and drug screening is a three question questionnaire similar to a questionnaire that you would fill out at the office of your family practitioner. Danielson stated in e-mails she exchanged with Lindsay Br wn she asked for basic financial information on how viable the program is and was refused that information Danielson indicated she also asked if they were planning to develop any other clinics and was refused hat i formation as well. In addition,Lindsay Brown was asked if The Emily Program had ever been sued o r wh her The Emily Program has been forced to close a clinic,and she refused to provide that information astwell . (4. #10-3442 THE EMILYPROGRAM,2180 NOR SHORE DRIVE, Connttnc)° Dr. Miller stated they are not going to disclose specific financial information to the neighbors. The Emily Program's banker has looked at our financials and they are illing to loan us money in these bad economic times. Dr. Miller noted their banker did attend the neighborhood meeting on Wednesday. The Emily Program is well managed and doing well financially. The milt'Program has also never been sued for anything. They are closing the Chaska facil.,7150eause the acility is being relocated to St. Paul. Scott Danielson, 1250 French Creek, asked ;The Emilt, gram could be acquired by someone else that would be less friendly. Dr. Miller stated he has no intentions of selling the pr , to anybody who is less friendly. y� Scott Danielson stated the residents here are anchored 'fie d cannot just pack up and leave. Danielson commented that some of the issues rated may seem to be i ational to Dr. Miller but the neighbors are raising them because they do not have comp owledge of the environment. Dr. Miller stated at`' eetin ,;on Wednesday night,they attempted to be as open as possible and provide as much information a Bible, & ® that whey they came her tonight, it was a surprise that the neighbors still have some of these same con . . Dr.Miller indicated he does not feel there is any more information they can a that would help alleviate some of the neighbors' concerns. Turning this site into a sex offender program if The Emily Program'lwes8Arill never happen and is beyond a remote possibility. Mu" ted they will take one,or two more comments and then turn the discussion back to the City Council. Jeanne Fayfield, 2 tench Circle, asked whether Dr. Miller has a succession plan in place if he were to die tomorrow so that "he m Program will follow his wishes. Fayfield commented that it should be in writing for people to mfortable. Fayfield stated she s at the meeting last week and that they are interested in The Emillirowam but do not feel it is the ri t location land-wise. There is not enough space available and The Emily Program is not allowing themsely s adequate room to grow. Dr. Miller stated that is a decision for them to make. Fayfield noted eating disorders are on the rise, and in order to have a successful facility,you need to look down the road at possible expansion. Sam Mayfield,2455 North Shore Drive, stated he feels the mily Program is a great program. The one issue that he has not talked about is the fact that this place could e a fire trap for ten young ladies. If the fire system failed in the building or the electricity went out, it would be difficult to put the fire out right away. Stephanie Byrnes,301 Grove Avenue Southeast, Watertow Byrnes noted she did grow up in Orono and was a former patient of The Emily Program. Byrnes indicated she would put all her trust in Dr. Miller and that what he is doing is right. At the present time she is a 35-year old adult with a successful life. Byrnes stated she is not a mental case and does not have a mental illness but is like everyone in this room. Byrnes commented that everyone probably knows someone with ar►eatm sorder. Teachers have eating disorders,teenage boys and girls have eating disorder It i .a heart ' e �t disease that people need help for. Byrnes stated in her opinion it would be a blessing f th e people ofOrono tc>have The Emily Program to help (4. #10-3442 THE EMILYPROGRAM 2180 NO 'SHORE DRIVE, + far t fellow citizens of Orono so they can have a successful lifeEverybodydeserves a second chance,which the Emily Program offers. Mayfield stated there is not one person in this roorxi his grew witht but tit they have an issue with the location. Byrnes indicated she is very familiar with thcation r tler •laves across the street and she takes classes at the Minnetonka Art Center. Byrnes Comm he ley Orono community and grew up in it. This location is great because it is a residential area. T` patients don; want to be put away in some isolated spot. They want to feel at home in a'community and neighneighborhood that surrounds you and supports you. Dean Lundblad, 1290 Arbor Str et,rid that several of the neighbors within the 350-foot radius were not notified, so the neighbors have some sgust with the system. Lundblad indicated he had a friend in college that had an eating disorder and t hrossed paths with her recently and she is enjoying a good life. Lundblad indicated he does support theProgram but does not want it at this location. l Sharon Winsllo , Ire reek, stated " view the comments regarding the traffic and parking issues have beenlossed b er: In h • inion the'"intersection at bounty Road 15 and 51 is the worst intersection in this that this will nurse traffic at that intersection. Winslow indicated she is worried about traffic a ` .nts at that intersection I A t n Mayor Murphy commented that whatever happens ith this application will not dramatically change the situationat •intersection. Muriahy stated when the C ty Council agreed to the reconfiguration of Hill School for: r school,they hl issues with parking . d traffic at that time, and that he does have personal issuesconcerning t intersection since he was in ; collision there. Maddie stated a lot h p have some valid points both •f• and against this application. Maddie asked whether it would be feasible Bible to enact an ordinance for an int rim use period and have a trial for 12 months, followed by another 12 month trial, and then issue a conditional use permit. Maddie stated in his view that any relevant concerns could be addressed during that time and t at option might offer an opportunity to find compromise on this situation. Dr. Croll commented that there appears to be a real concern on the part of the neighbors that the police and ambulance will be coming to this location all the time but the t it will probably only be an average of one time per month. Dr. Croll stated in her view that would not have.n enormous impact on the neighborhood and the situation would be similar to a neighbor requiring an ambul. ce. I Acting Mayor Murphy suggested the City Council start discussing the application. Lorraine Kaley, 1395 Brown Road, stated she lives on that corner and would invite people to visit that corner to see what the traffic is like, particularly with people parking to access the trail. Acting Mayor Murphy noted the City Council has discusses those issues with Hennepin County and that a lot of work needs to be done to address that situation. Acting Mayor Murphy closed the public hearing at 8:53 p. (4. #10-3442 THE EMILYPROGRAM, 2180NO.1ff SHORE D E, Continued) Bremer stated she was happy to see a large number rest�a_tits turn nut for the meeting tonight and that there is a balance to determining whether additional information i *gulled and takingactiono t an application. Bremer commented they likely will not know the impact on th ealestat market or the traffic conditions simply because there are a number of other variables that o ,ld come into play. Bremer indicated she is supportive of The Emily Program. ased On her own esearch,everything she has learned about the program has been positive. Brewercoin ented that she wtsl;:the property was larger and that the intersection of County Roads 51 and 15, better. Bremer pointed out that this is the property that is being considered and that the City Council has to dell with application as it'is presented to them. The City Council,however,owes the applicant a fairshake as the through the process. Bremer recommended the application be tabled tons t because,04e,in her view it is important that Mayor White should be here to provide input into the matt based .n his experience in doing real estate development for a living. Bremer indicated the s ` reason fo endin the application be tabled is that she also shares in some of the concerns that were raised tonight goer commented she would be remiss if she did not step back and think about the Lon g implications of this -rty. Bremer noted she is not that concerned about the finances and some ";th other ssues raised,but t at she would like to work with Staff to develop a list of additional information that shoo submitted. Bremer is fey and that the ty awes it to veryone to figure out if there a legal way that the City c s or whe 'they should do 7 City Cuncil does not do anyone a favor if the council goe httoti application half redly or with partial information. Bremer noted this is a complicated issue ail that it would be nicedo it in incremental steps but pointed out that a business probably would not'be tiling to enter into a lo r commitment if there are not some guarantees that they will be able to operate`the business for longer than 12 months. Brewer commented that she hopes the City Council will wok diligently to find the applicant a different location if thts;lcatton does network out,but that she does of feel Snyder's or another commercial office building a o loc i isg € Brewer indicated she is not aw e of anyone else that has expressed interest in the property, and that the o the property has the right to ell his property to someone who wants to buy it. Bremer pointed out that in the event the property does sell,t e use of the building will likely change. Mattick stated the City is not able to put a sunset provision i to a conditional use permit, and because the City does not have the ability to issue an interim conditional use ermit,the applicant has agreed to withdraw their conditional use permit should they ever vacate the property. Mattick stated in his opinion he does not feel an interim use permit would be difficult to implement as a city rdinance but that it would take some discussion with the applicant on how to incorporate that into this applic tion. Mattick noted the creation of an interim use permit would require a code amendment. Bremer asked if other communities have interim use permits. Mattick stated IUPs are becoming more popular. Historical y the use that brought IUPs into existence was gravel pits. With a CUP,the right to operate that business i granted forever. Mattick noted that when you are talking about spending$800,000 to purchase a piece of pro erty and doing$2.8 million in improvements,the applicant will want some guarantees that they will be able to operate longer than 12 months. (4. #10-3442 THE EMILYPROGRAM,2180 NORTH SHORE DRIVE, Continued) Franchot indicated he is in agreement with the comments of Council Member Bremer. Franchot asked whether the applicant is in agreement with the 13 draftco;;®`tions contained i"n Staffs report. Dr. Miller stated he did read one version of the conditio t does not have the finalversion in front of him. Dr. Miller indicated he did sit in on the discussions with regarding the conditi Franchot stated if The Emily Program changes dramatically or leaves,the City may have a situation on their hands that they did not expect,which has happened on oth sites in the . Franchot noted he does like the IUP concept but that he is not sure how that would affect th s application. izranchot stated in his view the concerns of the neighborhood can be addressed ink€ r wa and that it would be good to have the mayor here as part of the discussion. gti .'° McMillan thanked the audience members for attending toni'_ht sated, ng and doing as much research as they have done. McMillan stated in her view residential treatme 00 t programsneed to work in a community and they need to be properly situated in a community so the co un ty will embrace it and not feel it is an imposition on them. McMillan indicated she does have concerns that a large nu lo ber of the residents feel this would be an imposition and that she is very,v Fognizant of the restd- i tial neighborhood character that the residents would like to preserve. McMillan ented that residential programs can be a win/win situation when they are appropriately located and that s e does have some real c.ncerns about the location. McMillan stated in her opinion the l Program is a w' al program. Actin or Murphy hid-experience with a treatm nt program 32 years ago and how fortunate he felt that t ere people willing tohO'sp others overcome their problems. Murphy stated when this process started two weeks ago,he hoped that time that the reside s would become educated on this program and be a to sort out fact from fiction Murphy stated in his opini n the residents of Orono are attempting to do that hat h oes not know whether wbody can answer so of the hypothetical questions that have been raised as 44 this process. Murphy noted did speak withthe fire chief in Orono three times regarding this application and that following those ;: "a,sort firmly believes this strut e will comply with every fire code in the state of Minnesota or it will of be allowed. The fire chief indicate the response time to this location would be less than three minutes,w lt is one of the better response time in Hennepin County. Murphy stated in his view there are answers for many of the issues raised. Murphy stated in his view the City of Orono does not have uch choice but to table this application for the reasons previously mentioned and concurred that it is impo ant to have the mayor in attendance. Murphy indicated the City of Orono does need additional time to sit own with the applicant and work through many of these issues and attempt to finalize the list of 13 conditio s. Murphy stated it would not be fair to the applicant to deny t e application tonight without further discussion and that he would like to sit down as a group and try to arri at some good conclusion. Murphy stated he personally feels The Emily Program at this location would be a wonderful addition to the community and that he does not believe the fears expressed by the neighbors will materialize. (4. #10-3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued) Bremer moved,Franchot seconded,to table Application]#10-3442,The Emily Program,2180 North Shore Drive. McMillan asked what would be done in the next two weeks on thisapplicat on. Murphy stated in his view the City Attorney needs to +vi e further advico44rkwhat the City's options are; two,the City Council needs to look at the parking issu� three,sit down tthe applicant and ask them exactly where they are in terms of timing and what item/nth y would be willingio explore flier. Bremer stated Staff should work to ensure that the list of ec ditions is complete and that those conditions should be communicated to the public. Bremer recommen that two ;gnns be erected on the property. Murphy noted that as it relates to who was notified and wh was not,the Cityfollows state law and did follow state law on this application. Murphy commentedcommented that the of Orono is a tight community and that the City should perhaps take a look at the notification processforward on future applications. VOTE: Ayes 4,Nays 0. Murphy stated they will keep the neighbors informed on,the process of the application. trc i bgnilorr F PoJAT'J jA14 11, Zofo 10. #10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,2180 NORTH SHORE DRIVE,VARIANCES & CONDITIONAL USE PERMIT,7:47 P.M.-8:12 P.M. Dirk Miller,Applicant,was present. j Curtis stated the applicant is requesting a conditional use pe it and setback variances in order to operate an in-patient eating disorder treatment facility for us to eight clients in the existing building on the property. The Emily Program intends to maintain as mu h of a residential character of the property as possible by limiting signage and changes to the exterior nishes of the building which are not consistent with a single family home. Due to the location o I the existing building on the property, setback variances are also requested. A"hospital use"requii es a 100-foot setback from adjacent residentially zoned properties where the school use only req ired a 50-foot setback. Based on the hospital use requirement outlined within City I ode 78-418(14),the proposed use requires a minimum of 600 square feet of lot area for each person to s e accommodated. The applicant is proposing an 8-bed facility. The property has 25,440 squat-, feet in area and exceeds this requirement. (#10-3442,DIRK MILLER ON BEHALF OF THE EMI Y PROGRAM,CONTINUED) The requirement for open parking spaces in a location other han a required yard cannot be met on this property. A previously approved variance for the previous ser allowed parking to be located within the required 50-foot side street yard and a 10-foot setback is me from the interior side lot line and rear lot line. As the new use has a greater yard requirement,a new ariance will need to be granted for the parking within the required 100 foot yard area. The proposed location of the conditional use is in accord wi h the objectives of the City's conditional use permit and the purposes of the district in which the site is to ated and the comprehensive municipal plan. Staff also finds that the proposed location of the conditional se and the proposed condition under which it would be operated or maintained would not be detrimenta to the public health, safety or welfare, or materially injurious to properties or improvements in the vic'nity. The proposed conditional use will comply with each of the applicable provisions of Zoning Or inance Section 78-916. Staff finds that the proposed use is compatible with the requ rements of 78-418(14)and the applicant is able to meet the conditions outlined within the code. As t e applicant is proposing to utilize an existing building, a building with some local historic value, taff finds the setback variance request is reasonable. Further,the proposed use will result in fewer vehicle trips to and from the site than the previous occupant and in particular will eliminate the high-traffic tim s of the former occupant. Residents will typically come and go as a group on an outing or other activ ty in a single vehicle. Clinicians and employees are small in number and visit at staggered times s the facility runs on a 24-hour schedule. Planning Staff recommends approval of the conditional use permit with variances for the Emily Program as proposed. Schoenzeit asked whether any future changes in the use of this property would require the application to come back before the Planning Commission. Curtis noted there are some specific conditions directed at t e current applicant that makes the conditional use permit somewhat unique. Curtis indicated currently if a different school came in that met all the same conditions,they would not have to appear before the Planni g Commission. Kang asked whether the Planning Commission can limit the number of beds. Curtis stated the Planning Commission does have the ability to limit the number of beds. Miller stated he would like to make one correction in Staf6 report and that it is a ten bed facility rather than an eight bed facility. Tom Betti,Designer, indicated that would still work with al the lot requirements. Miller stated in his view this is a great use of the property fe r the neighborhood. They have been in contact with all the neighbors within 300 feet of the facility .nd that the majority of the neighbors are supportive of the project. They would be working in conju ction with Hennepin County. (#10-3442,DIRK MILLER ON BEHALF OF THE EMI Y PROGRAM,CONTINUED) Kang asked whether this would be a court-ordered facility. Miller indicated the residents would check in voluntarily. I e Hennepin County Attorney's Office has a separate section for eating disorders and The Emily Progra works directly with them. Hennepin County has developed a program called Community Commitment, hich recommends not sending someone to a locked psychiatric ward for this type of problem. The patie H is would be there for approximately five months and there is licensed staff on hand at all hours of the day. The Emily Program also works with Methodist Hospital. Chair Kang opened the public hearing at 8:02 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 8:02 p.m. j 1 Rice commented in her view it is a good use of the building' Feuss stated she also is in agreement with the proposed use f the building. Kang noted there would probably be less traffic under this ulse than there was with the Hill School. Curtis stated she would discuss this application with City A orney Mattick to see whether this conditional use permit could be limited to this specific use. Schoenzeit recommended that this not be a locked facility. I Kang indicated she would also like it limited to a ten bed facility. Kang stated she would like to maintain the residential character of the area. Miller stated they want to have a safe, attractive building, and that they will be a good neighbor. Schoenzeit noted that very few neighbors live within 300 feet of the building. Kang noted the City did receive a letter from one resident opposed to the project. Curtis indicated the applicant did go around the neighborhood and meet with as many of the residents as possible even outside the 300 foot limit and discussed the project with them. Kang stated in her view this is a low key use for this area. I<ang noted the letter in opposition to the project was sent by Aaron Hale Printup, 2195 Prospect Avepue. Miller noted that the use being proposed here is completely ifferent than court ordered programs. Schwingler moved,Feuss seconded,to recommend appr val of Application#10-3442,Dirk Miller of The Emily Program,2180 North Shore Drive,granting f a conditional use permit,per the recommendations of Staff,and subject to the facility being limited to a 10-bed facility. (#10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,CONTINUED) Curtis stated she would work with City Attorney Mattick to compile a list of recommended conditions for review and approval by the City Council. VOTE: Ayes 6,Nays 0. Ij 1 Melanie Curtis From: Melanie Curtis Sent: Wednesday, January 27, 2010 11:59 AM To: 'Lindsay@emilyprogram.com' Cc: Christine Mattson Subject: Garage Lindsay Thanks for the phone call reminder... I honestly forgot to email you and I apologize for that. I haven't begun drafting the resolution yet but I did speak with the City's attorney regarding specific language within the resolution. We cannot specifically limit the use of the property to my"The Emily Program", and if another in-patient, residential treatment facility were to occupy that space they woul be permitted to do so if the conditions of the approval were able to be met and if it was consistent with our Cod . I will include some language regarding the#of beds you are permitted (limit of 10), and site specific things such a little or no site signage (we should discuss this) and residential exterior finishes of the building that are specific to your use that may limit other groups from occupying the building. Regarding the garage, as we discussed a conditional use permit is required as your use of the property is permitted conditionally. I would like to sort of"fast track"this so we can hav one resolution which covers the use and the garage (if approved). The Planning Commission must review the garage p rt of your application but I would like to bring the application just for the use of the property—as scheduled—to the ouncil meeting on February 8t". At this meeting I will not have drafted a resolution but rather will ask the Council to dire t me to do so. I will inform the Council that the Planning Commission will be reviewing the garage portion of the application at the February Planning Commission meeting the following week. Hopefully then at that point I can bring the Council two resolution options at the February 22"d meeting—one option approving both the use and the garage,and one option approving only the use. I'm sure my rambling doesn't make much sense but I wanted to get you the schedule of events as soon as possible to make up for my previous forgetfulness. I will need to get copies of the survey and garage plans as soon as hey are available, preferably no later than February 4. I included the garage request on the legal notification for the n wspaper as tomorrow is the deadline for us to have it to the newspaper. Melanie Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtiseci.orono.mn.us Website: www.ci.orono.mn.us 1 Melanie Curtis From: Evelyn M. Turner Sent: Thursday, January 28, 2010 1:07 PM To: Soren Mattick Cc: Melanie Curtis; Christine Mattson Subject: RE: New Occupant of the Hill School- 'lease read! Soren: A couple of thoughts: One of the conditions of the CUP should be maintaining their state license. This helps ensure the program is operating properly and should not become a nuisance to the neighborhood. (We also won't have to respond to calls complaining about the program.) I can't remember exactly what their license is called but I rememb:r it contained the words eating disorder—residential facility eating disorder—maybe. So the CUP would be for a 10-bee sanitarium with a condition they maintain their license for a eating disorder license. If somebody else wanted to operate a 10-bed sanitarium but with a different license they would have to revise the CUP. If you don't like that,then could we list specific behaviors/problems that would,among, make the use"detrimental to the public safety or welfare" and constitute grounds for revocation? (The criteria for granting CUPs could really use some work.) For the bowling alley a condition was maintenance of adequate parking and then a list what would constitute evidence that parking was inadequate. Also the CUP was for a bowling alley even though the code category was commercial recreation. Conditions are like leash and pick up laws for dogs. They allow the dog to be out of its yard but keep its behavior and crap from becoming a nuisance. ET From: Melanie Curtis Sent: Thursday, January 28, 2010 11:57 AM To: Christine Mattson; Evelyn M. Turner Cc: Soren Mattick Subject: Fwd: New Occupant of the Hill School - Please read! FYI Begin forwarded message: From: "Maddie, Mike" <Mike.Maddie@bestbuy.com Date: January 28, 2010 11:25:47 CST To: Melanie Curtis <MCurtis@ci.orono.mn.us> Cc: "melissa_maddie@,yahoo.com" <melissa maddie ahoo.com>, "Cashin1250@msn.com" <Cashin1250@msn.com>, "HeidiClearaymail.com" HeidiClear@ymail.com>, "Amy Lundell\\"' <tim amyc hotmail.com>, Sheri lundblad sjlundbladAyahoo.com>, Leslie Kennedy<leslie.kennedy@gaiam.com>, "am bethbut er ahoo.com" <amybethbutler@yahoo.com>, "albrect0284 msn.co " <albrect0284@msn.com>, Andria <acrystalbay@mchsi.com> Subject: RE: New Occupant of the Hill School-Please read! i Melanie— Pursuant to my wife's email, I personally have reservations about the Hill School property being converted into a treatment facility. While the Emily's prog am charter is truly exceptional in nature, I am concerned about having a treatment facility located ... literally... in our residential neighborhood within such close proximity to our homes and children.Th= Hill School is truly a unique property and its history and architecture is considered a unique cornerston• of our neighborhood. It's truly a unique feeling having such a historical building located in our neig borhood. However,given the permit request and the location of the property in our neighborh..d, I'm very,very uncomfortable with the request. While I support the charter of the Emily Program, my perspective is a business of this nature needs more property to create a comfortable separation o space and feeling of security for the surrounding residential community. An example to which speak is the Retreat Rehab Facility in Wayzata which is located on several acres of property and surrounding by woods which separate it from the residential neighborhood. I worry even more should the program close its doors. Is this does happen, we as a community open ourselves to other rehab treatment programs moving into the property as a result of the conditional use permit. Therefore, I am respectfully requesting that the planning cpmmission deny the conditional use permit for a treatment facility, of any kind,for the Hill School property. I ask that you please consider this request as a municipal member serving the best interests cf the community, and also from the perspective of a parent with children who lives within feet of this property. I would be grateful if you would kindly accept this email as a formal objection to the conditional use permit. Thank you for consideration on this matter, Mike Maddie From: melissa maddie(a>yahoo.com [mailto:melissa_madd e@yahoo.com] Sent: Thursday, January 28, 2010 10:21 AM To: Cashin1250Ca�msn.com; HeidiClearCa�ymail.com; Amy L ndelIV; Sheri lundblad; Leslie Kennedy; amybethbutler(ayahoo.com; albrect0284@msn.com; Andri 2 Cc: Maddie, Mike; melissa maddie Subject: New Occupant of the Hill School - Please read! Greetings friends and neighbors! Like many of you, I recently received a letter in the ail from the Emily program who are interested in moving into the property at 2180 Nort shore drive (the Hill School). After reading the letter, I thought this was a done deal a d didn't think I could have any input. A few days ago, I contacted Lindsay Brown (651 379-•130) at the program with some questions on how this new development would affe• our neighborhood and found out some interesting facts that I thought I'd share with you. the was very helpful and let me know that the program is planning a 10 bed inpatient resisent program for women with eating disorders. They aren't planning any changes to buil.ing except landscaping. This program is voluntary, the building is staffed 24/7 but is not a luck down type of facility. i The Emily program needs to receive a 'conditional u e' zoning permit from the city in order to operate at 2180 North shore drive. The Hill scho I property is currently zoned to be a residence or a school. The city council has to approve the conditional use request and is scheduled to do so at the Feb. 8th meeting. Once the request is passed, it stands. This means that any entity that meets the requirements of the permit can move in. The planning commission met in January to hear th request and review all documents - you can see the meeting notes and the actual requ st at this site: http://www.ci.orono.mn.us/Official%20Meeting%2Olnformation/2010%20Agendas/Planninq /01-19-10%20Complete%20Packet/Planning%20Commission%20Agenda%2001-19- 2010%20Ful I%20Packet.pdf The Emily program request starts on page 279. It is project 10-3442. I talked to Melanie Curtis at the planning commission yesterday and asked her a bunch of questions. She was very helpful as well. I found out that we do have the ability to voice our thoughts on this new permit. The request will not pass until the city council vote and we can attend this meeting, voice any objections, and/or write a letter of objection. Melanie also let me know that the conditional use request can't be written specifically to the Emily 3 program or be for a specified period of time. This means, that should the Emily program decide to move out, any business that meets the ref uirements can move in. This is my concern. While I don't feel any objection to the Emi y program per se, I'm worried about what might move in should this program fail. So, I •Ian to write a letter of objection and attend the meeting. I'd like the zoning to remain a ouse/school. If that can't happen, I really think the language of the permit needs to be .s specific as possible to exclude anything that would be a detriment to our neighbor ood, park and kids. I'm not an expert, but as things stand right now, I don't see any obsta, le to a lock down facility - really, any kind of rehab or group home, moving in. A letter of objection should be sent to Melanie Curti•, Planning and zoning coordinator at 2750 Kelley Parkway, Orono 55356. Her phone number is 952.249.4627. Please pass this onto anybody you think might be interested. Thanks! Melissa Maddie 2150 Prospect Ave 952.476.1323 4 March 9, 2010 Honorable Mayor White and Councilmembers, I want to be mindful and considerate of your time; I'm sure yo are contacted frequently. I have a few thoughts, however, that I feel compelled to share with you. I hope you wil have a few minutes to read this through; I hope, too, that you will find this information useful. First, I want to say that I have been taught to respect my gov rnment representatives and to use such address language as the opening above. I confess, however, that I hav rarely felt representatives to be worthy of such honor. You, each of you, have encouraged me a great deal in t e way you allowed, listened, learned, and discussed. I tip my hat to each of you...and...thank you again f r your service to Orono and to your sometimes unruly constituents. Mayor Jim, I especially want to commend you for respectfully allowing every person to speak who desired to do so at last night's Council meeting. I observed all of you listenin intently to comments made and gleaning from them information pertinent to the Hill School CUP. I then enjoy d your free, fair and impartial bantering of ideas. It appears to me that you have great respect for your neighbors ..your constituents...and for one another. It was enjoyable to observe...Thank you. I am naturally an analytical person. I listen, observe, and reap to gather information so that I can attempt to bring order to the chaos that so often surrounds us. I have don0 so regarding the Hill School CUP and beg your indulgence as I share my perceptions. This discussion must begin with an expression of some consternation with one of my neighbor's approaches to this issue. His input has been filled with questions which I believe he should have had answered by the good folks at Emily instead of broadcasting them as if there might be truth there imbedded. His tirades included conjecture and innuendo. All of that quite obviously put the folk at Emily on the defensive...hardly a neighborly approach, in my opinion. These tirades have also resulted in o r community becoming split and in our city becoming less favorably considered by the rest of the metro ar a. I have thought much about how that might have been avoided. More on that later. My final (at least to this point) belief is that this was never abcut...nor should it have ever been about...the worthy Emily Program. As the realtors say: Location, Location, Location; I would say this should be about Land Use, Land Use, Land Use...As I believe each of you concluded land stated in some form last night. Here's my take on this matter: Someone alertly used the expression, "Intertsification of Land Use". I believe that expression could well be summarized by the word, "residential," in this cas . Further, I would suggest that the expression could be symbolized by the paradigm, 24/7/365. What I mean to say here...this is my opinion...is that Orono hould not EVER allow continual use by a non- profit, or especially, by a for-profit organization in a residentially zoned part of the city. None of the existing entities in the Crystal Bay area have or have ever had round-th -clock hours. Not the Post Office, not the Art Center, not the Dakota Trail, not the school or any other occup nt previously in the Hill School building...Have I missed any? To my and to my wife's way of thinking, this issue should never have been about the Emily Program. Regardless the applicant, this CUP, which would grant permission to an organization to offer continuous service to its clientele in a residential area, should not even have been considered. I have thought this over quite a bit and have asked myself, "How could all of this clamor and distru t and anger have been avoided?" I believe the Orono staff should not have accepted a CUP ap lication for a 24/7/365 operation in a residential area...Issue over. Perhaps the staff does not presently have th t authority. Then, the Planning Commission had no business (in my reasoned opinion) forwarding this CUP to t e Council. If they had denied the CUP on the basis of intensification of land use...Issue over. Lawsuits? May e...but as Jim put it, "We have an attorney, too." My last point and my last thank you for getting through this m ssage: Orono should structure the CUP application procedures in such a way that they guarantee (as n ar as possible) that an application like this is not brought forward to Council in the future, yielding hard feelings a d hard expressions of frustration. Greg Peterson 1355 Arbor St(through lot to Briar, mere feet from the Hill Schoc1)l property) Melanie Curtis From: Jim Murphy[jmurphy@goldengate.net] Sent: Tuesday, February 16, 2010 3:05 PM To: Melanie Curtis Subject: Fw: PLEASE Vote NO to Hill School rezoning melanie; Is this the same person who came to the Council meeting represen:ing French Creek? Jim Original Message From: Shari Manolas Danielson To: twhiteaci.orono.mn.us ; cbremeraci.orono.mn.us ; Imcmillan( ci.orono.mn.us ;jmurohv caooldengate.net; dfranchot caci.orono.mn.us ; lorens[a.att.net ; deniseawlwd.com ; tessr(a,minnbankers.com ; ionschwingaaol.com ; jaznicl @mchsi.com ; lufeuss(a�feusslaw.com Cc: Clark Winslow ; Shari Danielson ; Heidi Clear; JAMES BROUCEK ; bryantmnamchsi.com ; Steve Clear ; Scott Danielson ; Sandy Dess ; David Dess ; Ty&Jeanne Favfield ; devean.j.george@gmail.com ; Kevin & Shelly Gwash ; marciahanson02agmail.com ; Harlan Hanson ; Dana Johnson ; rclux a.alatusllc.com ; John Palombo ; susanagrant- palombo.com ; Tony& Linda Patterson ; Andrea Siegert ; Sharon Winslow Sent: Tuesday, February 16, 2010 2:38 PM Subject: PLEASE Vote NO to Hill School rezoning My French Creek neighbors and I are strongly opposed to the conditional use permit and setback variances that the City of Orono is considering for the Hill School property. Our primary concern is opening the door to a 24-a-day/7-day-a-week inpatient medical clinic in an exclusively residential neighborhood -- and the detrimental effects that will have on our community. There are six other communities in Minnesota in which an Emily Project clinic is located; all have been developed in mixed-use areas, with some combination of retail, light industria , medical or professional offices-- as well as residential. Our community, except for the Arts Center, is exclusively residential. Why even consider making an exception for this organization? No other communities have. As a 24/7 medical facility, there will be up to 30 employees wor ing at the Emily Project-- and any subsequent rehab center that moves into that space-- around the clock, se en days a week! There will be lights, there will be noise, there will be people from outside the neighborhood drivin! in and out of our community-- at all hours of the day and night. In addition, we understand representatives from the Emily Program have already requested additional parking from the Minnetonka Center for the Arts beca se they realize the number of spaces on the Hill School property are inadequate for their needs. Furthermore, what kinds of safeguards will be guaranteed to pr:vent this property-- once the Emily Project, some day, moves out--from turning into a detention center for troubl:d teens?A lock-up for low-risk criminals? A rehab facility for alcoholics? Drug addicts? Sex offenders? Because o ce the City of Orono decides to make these proposed changes, anything goes. Any attempt to add a rider t. the CUP mandating that the zoning revert back to i residential/school when the Emily Program leaves will not be enough to withstand a legal challenge from a new prospective tenant. In addition, as the owner and director of the Emily Project-- Dr. irk Miller-- also has a background in drug and alcohol rehabilitation, what is to prevent him, in the future, from hanging the charter of his for-profit clinics to accommodate drug-and alcohol-addicted patients at the Hill Sc ool property? We are also concerned about the viability of the Emily Program, its motivation for transforming a historic Orono schoolhouse into a 24/7 inpatient clinic in a residential neighbor ood, and the stability of is management team. We have asked its representatives for some assurances along thes4 lines, financial information that includes its director/owner's net worth, his assets and liabilities, how much he will be borrowing to complete the project, what are the expected profits of the clinic, how the other Metro area c inics are doing financially, if a clinic has ever been closed and why?, etc. So far, the Emily Program has refused to answer any of our questions. Another of our concerns is that the neighborhoods surrounding the Hill School property have not been properly notified of the proposed zoning changes. The 300-foot circumference rule is not the good-faith gesture that we would expect from Orono City Council, whose mission is to "preserve our local character and identity"-- not to support business development at any cost. That's why we urge you protect the neighborhood around the Hill School --the Arts Center, the playground, the post office, the Dakota Trail, and the 88 families and their homes-- and vote no to the Emily Program's request for a CUP and setback variances. Thank you. Shari Danielson for the French Creek Home Owners'Association 2 r Melanie Curtis From: Melanie Curtis Sent: Wednesday, March 03, 2010 2:50 PM To: 'Maddie, Mike' Cc: Jim Murphy(jmurphy@goldengate.net) Subject: Power Point- Emily Program Hi Mike I am just writing again to ask if you could please either forward me : copy of your PowerPoint presentation from the last City Council meeting or drop off a copy so that I may include it in th- Emily Program's application file. This will help the City to maintain an accurate record of the information presented. Thank you. Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtiseci.orono.mn.us Website: www.ci.orono.mn.us 1 RECEIVED 1300 French Creek Drive MAR -5 2010 Wayzata, Minnesota 55391 CITY OF ORONO March 5, 2010 Mayor Jim White City of Orono 2750 Kelley Parkway Crystal Bay, Minnesota 55233 Dear Mayor White: As residents of Orono who live within a quarter mile of the Hill School,we are writing to you to express our opposition to the proposed CUP for the Emily Program. We understand that eating disorders are a serious illness a d that people suffering from them need care, both medical and psychological, and compassion. Our hearts go out to them. However, that care should be delivered in an appropriate f cility.The Hill School facility fails to meet a number of requirements of the Emily Program, including a equate space and parking.The Emily Program is in the process of shutting down its Chaska locati n because it has outgrown the eight-bed facility,and is moving those patients to a much more spaci us facility in St. Paul.The Hill School is a proposed ten bed facility;given the success of the Emily Pr gram in Chaska, it is reasonable to expect the program to outgrow its location here.And yes, although we are aware that people suffering from eating disorders are "weak," as an Emily Program supporteit has put it, we are concerned about who may move into the building once the Emily Program has outgrown its space. In addition to the space limitation of the building,the parcel lacks sufficient space for parking. With ten patients, numerous medical care providers,traveling tutors for the patients, and visitors, the few parking spaces on the lot will not be sufficient. In fact,the Emily Program has approached the Minnetonka Center for the Arts to request regular use of th Center's parking.The Center's director and board chairman have said they cannot provide regular use f their parking spaces to the Emily Program. With commercial vacancies at a 20 year high, surely the Emily Program could find a more suitable location for their project than a small historic school building in a residential area.The City Philosophy, stated on the first page of the City website at www.ci.orono.mn.us, is preservation. Please preserve the Hill School as it has been for decades—a school—to presence Orono's local character and identity. Yours truly, --":7" .,.._______ C G ernhard Nann Victoria Nann Melanie Curtis From: Jim Murphy[jmurphy@goldengate.net] Sent: Wednesday, March 10, 2010 10:45 AM To: Melanie Curtis Subject: Fw: Thank you.... Original Message From: Jim Murphy To: steve byrnes Sent:Wednesday, March 10, 2010 10:44 AM Subject: Re: Thank you.... Steve; What a wonderful way for me to start my day. I, too, am hearing fro people who have had addiction issues. Years ago, I decided this whole"anonymous"thing didn't serve me well & I can ay I've been rewarded many times over for sharing my story. I hope you still know where my heart is. Emily, indeed, may lose on'a technicality in the end. This should not deter their efforts however....or yours. As your Council, we are struggling with how we can keep our rural ommunity as characteristically"rural" as possible knowing "progress" is inevitable. My neighborhood will never be as uiet as it was because of the new highway, for example. We also must find ways to accommodate"helping and healing" our itizens and families. This includes our hurting kids, our elderly parents, and our neighbors. If nothing else, this issue ha put a spotlight on just how inadequate our"rules" are and how unenlightened and fearful some of our neighbors are. However, it also has given me an opportunity to see & hear people like yourself who are able to rise above the"clatter". Please never stop being brave &thoughtful. Thanks again, Jim Original Message From: steve byrnes To:jwhiteci.orono.mn.us ; cbremerCa�ci.orono.mn.us ; Imcmillan ci.orono.mn.us ;jmurphvagoldengate.net; dfranchot(a�ci.orono.mn.us ; Pamela Sent: Wednesday, March 10, 2010 9:58 AM Subject: Thank you.... Mayor White and Council -- I wanted to write and genuinely thank each of you for the tho ghtful consideration you are giving the Emily Project. As you know, I am a strong supporter of this progr. i and feel our community will be served well by such a program amongst us. As the conversation has teetered between civil discourse and he absurd, each of you have maintained a thoughtful and respectful attitude. I've not been involved in 1 i cal politics much before and my experiences thus far have all been positive. I've been boring my wife wit long talks on the strength of our republic and the intentions or our forefathers! 1 ' Again, thank you. No matter the outcome, the process has b.en beneficial. What's been most enlightening for me is that how this debate has brought into the open other people's stories with their own struggle with these diseases. As hurtful as so i e of the comments from the extreme opposition have been,people I've known for 20 years have opened their souls and told me very personal stories about their daughters, sisters, wives and others who suffered and surviv-•. This debate has shown us that it is not a shameful condition. It's shown me that there is tremendous i;:norance in our community about what eating disorders are; who is affected and what it takes to survive. I' e spent hours talking to neighbors about the disease and what it really is and isn't. Eating disorders tend to afflict the ambitious,the driven stud;nts and athletes who struggle with control and self-esteem. Orono has a population of people who expect s ccess in all they do. Our students and athletes are talented and strive for more. It's these kids that are more likes y to suffer from an eating disorder. So, no matter the outcome (and my own personal opinion is t at the council will deny the IUP),this debate has done good. Not as much as good as the actual facility would' but good nonetheless. I'm sure that if Dr. Miller loses, he will not stop. He will find another facility in anoth town. Yet the young in our community will continue to suffer. I know some of you are trying to isolate t e issue as strictly a'land use' issue. I understand that argument and I too do not want sex-offenders and other ore serious facilities in our midst. But,just like as the Dakota Trail (which I live on)brought a great debate, Where there is a will, there is a way. The Dakota Trail has forever changed my property. When I moved into our current home in 2000,there was still the occasional sideline train that idled by. We would wave to the conductors. When the opportunity came to convert it into a trail,there was tremendous opposition, but the council and other cities all felt that the greater good was served by opening this trail. As we all know, the trail has exceeded all projections for use. People from around the state are using it. I love the trail. B0t I no longer have the silence we used to enjoy. I have to pick up garbage. My kids now practice what to do when dogs off leash come storming through the yard. We talk about what to do when a stranger approaches. 1000's of people a day on weekends come past my home. But I embrace the trail as a sign of progress. So again, I ask you to consider the greater good. These young women are dying everyday. One mother who had a student in Orono wrote me and told me that she would have liked to have had a residential facility closer to home for her own daughter's recovery. Please try to find ajway to make this work. Thank you again for the efforts and thoughtful consideration I know each of you are giving this project. No matter the outcome, I appreciate your efforts as we all work to make Orono the best place in the world. Steve Byrnes 952.212.4554 1025 Heritage Lane Orono, MN 55391 2 Melanie Curtis From: Jim Murphy[jmurphy@goldengate.net] Sent: Wednesday, March 10, 2010 9:48 AM To: Melanie Curtis Subject: Fw: Vote"No"for Emily Program & IUP Attachments: Emily Programs.rtfd.zip Original Message From: Benjamin G. Rae III To: iwhitea,ci.orono.mn.us ; dfranchot(a ci.orono.mn.us ; Imcmillan@ci.orono.mn.us ; cbremeraci.orono.mn.us ; jmurphy(a goldengate.net Cc: Mimi Rae Sent: Tuesday, March 09, 2010 5:16 PM Subject: Vote"No"for Emily Program & IUP Dear Mayor&Council Members, This homeowner requests that you vote"No"to the proposed IUP and lny other intensification of use at the former Hill School site. Please find attached to this email a list of 15 different programs, includ ng, "Intensive Outpatient Programs,"offered by the Emily Program. The Hill School site and it's residential neighborhood 's manifestly not the location for what would amount to an outpatient hospital use.A commercial district is far more appropriat for this kind of use. Please resist the aggressive and confrontational tactics of the applicant nd vote "No"on this application for an IUP or any other permit for this kind of use. Benjamin G Rae 111 680 Brown Rd S Wayzata, MN 55391 952-473-1273 305-798-5957 bgr3@mac.com Dear Mayor& Council Members, This homeowner requests that you vote "No" to the proposed IUP and any other intensification of use at the former Hill School site. Please find attached to this email a list of 15 different progr. s, including, "Intensive Outpatient Programs," offered by the Emily Program. The Hill School site and it's re i dential neighborhood is manifestly not the location for what would amount to an outpatient hospital use. commercial district is far more appropriate for this kind of use. Please resist the aggressive and confrontational tactics of the a.plicant and vote "No" on this application for an IUP or any other permit for this kind of use. Benjamin G Rae III 680 Brown Rd S Wayzata, MN 55391 952-473-1273 1 305-798-5957 bgr3@mac.com 2 March 9, 2010 Honorable Mayor White and Councilmembers, I want to be mindful and considerate of your time; I'm sure yo are contacted frequently. I have a few thoughts, however, that I feel compelled to share with you. I hope you wil have a few minutes to read this through; I hope, too, that you will find this information useful. First, I want to say that I have been taught to respect my goy:rnment representatives and to use such address language as the opening above. I confess, however, that I hay: rarely felt representatives to be worthy of such honor. You, each of you, have encouraged me a great deal in t e way you allowed, listened, learned, and discussed. I tip my hat to each of you...and...thank you again fir your service to Orono and to your sometimes unruly constituents. Mayor Jim, I especially want to commend you for respectfully allowing every person to speak who desired to do so at last night's Council meeting. I observed all of you listenin• intently to comments made and gleaning from them information pertinent to the Hill School CUP. I then enjoy=d your free, fair and impartial bantering of ideas. It appears to me that you have great respect for your neighbors...your constituents...and for one another. It was enjoyable to observe...Thank you. I am naturally an analytical person. I listen, observe, and rea, to gather information so that I can attempt to bring order to the chaos that so often surrounds us. I have don: so regarding the Hill School CUP and beg your indulgence as I share my perceptions. This discussion must begin with an expression of some consternation with one of my neighbor's approaches to this issue. His input has been filled with questions which I believe he should have had answered by the good folks at Emily instead of broadcasting them as if there might be truth there imbedded. His tirades included conjecture and innuendo. All of that quite obviously put the folk$at Emily on the defensive...hardly a neighborly approach, in my opinion. These tirades have also resulted in our community becoming split and in our city becoming less favorably considered by the rest of the metro are . I have thought much about how that might have been avoided. More on that later. My final (at least to this point) belief is that this was never ab ut...nor should it have ever been about...the worthy Emily Program. As the realtors say: Location, Location, ocation; I would say this should be about Land Use, Land Use, Land Use...As I believe each of you concluded nd stated in some form last night. Here's my take on this matter: Someone alertly used the expression, "Inte sification of Land Use". I believe that expression could well be summarized by the word, "residential," in this case. Further, I would suggest that the expression could be symbolized by the paradigm, 24/7/365. What I mean to say here...this is my opinion...is that Orono should not EVER allow continual use by a non- profit, or especially, by a for-profit organization in a residentially oned part of the city. None of the existing entities in the Crystal Bay area have or have ever had round-th=-clock hours. Not the Post Office, not the Art Center, not the Dakota Trail, not the school or any other occupa t previously in the Hill School building...Have I missed any? To my and to my wife's way of thinking, this issue should nev:r have been about the Emily Program. Regardless the applicant, this CUP, which would grant permission to an organization to offer continuous service to its clientele in a residential area, should not even have been •onsidered. I have thought this over quite a bit and have asked myself, "How could all of this clamor and distru 1 and anger have been avoided?" I believe the Orono staff should not have accepted a CUP application for a 24/7/365 operation in a residential area...Issue over. Perhaps the staff does not presently have th-t authority. Then, the Planning Commission had no business (in my reasoned opinion) forwarding this CUP to th- Council. If they had denied the CUP on the basis of intensification of land use...Issue over. Lawsuits? May De...but as Jim put it, "We have an attorney, too." My last point and my last thank you for getting through this m:ssage: Orono should structure the CUP application procedures in such a way that they guarantee (as ne=r as possible) that an application like this is not brought forward to Council in the future, yielding hard feelings a d hard expressions of frustration. Greg Peterson 1355 Arbor St(through lot to Briar, mere feet from the Hill Scho•I property) Melanie Curtis From: Jim Murphy[jmurphy@goldengate.net] Sent: Tuesday, March 09, 2010 3:48 PM To: Melanie Curtis; Mike Gaffron Subject: Fw: Compatible Version of MS Word D cument Attached FYI Original Message From: GPeter7809 6..aol corn To: imurphy(c�goldengate.net Sent: Tuesday, March 09, 2010 3:33 PM Subject: Re: Compatible Version of MS Word Document Attached Thank you, Jim, for your response...and for YOUR kind words. Enc uragement isn't costly, unless we don't receive any! (I just made that up!) I forgot to mention something that just re-occurred to me. An IUP w n't resolve the 24/7/365 issue either... I think we are seeing how much the old school really means to the p ople of Orono...they seem proud of and fiercely protective of the building as much as of their property rights... I hope your travels are going well...I think I heard you say you were traveling somewhere... Greg In a message dated 3/9/2010 3:05:46 P.M. Central Standard Time,jrnurphy@goldengate.net writes: Greg; First let me say thanks for your thanks. While we always hope that our true feelings of respect for each other show through, it is comforting to hear that they do. Secondly, I really appreciate your assessment of the rancor. I'm not sure it could have been avoided entirely, but I also believe it unfair to lay all of it on Dr. Miller for responding in a hurtful way. Thanks for that. Finally, I have every confidence we will decide this issue on the land use question. We will also be doing some real searching so that instances like this are minimized in the future. Thanks again. You made my day. Jim Original Message From: GPeter7809(5)aol.com To:jwhite@_ci.orono.mn.us ; cbremeraci.orono.mn.us ; Imcmillan(Pci.orono.mn.us ;jmurphy@goldengate.net Cc: dfranchot@ci.orono.mn.us ; Julianne.Peterson@allina.com Sent: Tuesday, March 09, 2010 1:58 PM Subject: Compatible Version of MS Word Document Attached I have just been informed that the 2007 version of the attachment annot be read in earlier versions of Office. A compatible version is attached which may be opened if you do not have Office 2007. I apologize, I thought I had that set up correctly... Honorable Mayor White and Councilmembers, 1 Several thoughts have compelled me to write to you. I have attached a Word document which will ease printing, should you choose to. I hope you are each able to take a few minutes to read this analysis. Thank you, Greg Peterson 1355 Arbor St with through lot to Briar 952-475-3261 2 I Christine Mattson From: Planning [Planning@ci.orono.mn.us] Sent: Monday, March 08, 2010 9:16 PM To: Christine Mattson Subject: FW: Controversy over the Emily Center From: Kristen NelsonISMTP:NELS0468@UMN.EDUI Sent: Monday, March 08, 2010 9:15:23 PM To: Planning Subject: Controversy over the Emily Center Auto forwarded by a Rule Planning Department Staff: I am sorry to hear about the controversy your community is g ing through in regard the the proposed Emily Center. If it would be any help, we would be glad to host an rono Community group in a visit to St. Anthony Park Neighborhood in St Paul. Emily Center established a mu tiple service center on Como Ave in our small business district and are not refurbishing a church on the east ide of our community. I'm sure emotions are high right now let me know if talking with our business leaders, community council members, homeowners living near the Center would be any help. Best, Kristen Nelson Kristen C. Nelson, Ph.D. H.T. Morse Distinguished Faculty Co-coordinator, Environmental Science, Policy and Management Major, Department of Forest Resources Department of Fisheries,Wildlife, & Conservation Biology 115 Green Hall 1530 Cleveland Ave. N. St. Paul, MN 55108 kcn@umn.edu 1 Melanie Curtis From: Jim Murphy[jmurphy@goldengate.net Sent: Thursday, March 11, 2010 12:03 PM To: Melanie Curtis Subject: Fw: Emily Program - I'm an Orono resident Original Message From: stephanie To:jwhiteci.orono.mn.us ; cbremer@ci.orono.mn.us ; Imcmillan@ci.orono.mn.us ;jmurphy(a�goldengate.net ; dfranchot@ci.orono.mn.us Sent: Thursday, March 11, 2010 1:30 AM Subject: Emily Program - I'm an Orono resident I wanted to send you all a note of thanks. As an Orono resident, I'm a bit stunned to find si much media coverage devoted to the Hill School/Emily Program situation. I can't imagine the barrage of emails and calls you each must be receiving. Although our residence ouldn't be directly impacted by the Emily Program moving into the Hill School locati n, I do have an opinion. My opinion is simply that it is the citizens of the ommunity of Orono are the only ones that matter. I can appreciate that it may be difficult to discern the opinion of the citizenry when so many others are chiming in. From reading the commentary on the Star Tribune you would think that Orono is obligated to do what benefits the politically correct citizens from around the metro who use their keyboards as a weapon in engaging in class warfare against those who happen to oppose the project for whatever reason. Apparently, if you live in Orono, you're too entitled to be entitled to an opinion that's different from theirs. For the director of the Emily Program to attempt to throw the CEO of Target under the media bus is appalling - but seemingly effective in further stirring up the passions of those who do not live in Orono, maybe have nev r even been to Orono and likely do not suffer from an eating disorder. I take the actions of the director of Emily Program as a clear indication of the kind of neighbor the Emily Program is going to be. I strongly urge the council to vote this project down. Please do not be held hostage by any business e gaging in these tactics. No matter the relative virtue of the "product" Emily Program is business; a company that tries to bully and publicly smear ANY resident(s) is not elcome in my backyard. I believe that if they are successful in securing the Hill School to ation, Orono will long be subjected to the tactics they currently employ. When conside ing this submission, please consider whether a business without the "halo effect" of t e Emily Program would be approved in these same circumstances. Surely, the Hill Scho I site is suitable for another purpose which will be more agreeable to its neighbors. 1 Again, my thanks for the job you do on behalf of those of us who live in (and love) Orono. Incidentally, I do not know and have never met nor had any business dealings with the CEO of Target whose name I cannot recall. Best Regards, Stephanie Coon 2607 W Lafayette Road Orono 952 471 1053 Two is not equal to three - not even for very large values of tvTo. Grabel's Law 2 1250 French Creek Drive Orono, MN 55391 * ElVE D March 16, 2010 t zzue 6 72010 0 To: Lili McMillan, James White, Cynthia remer, Jim Murphy, Doug Franchot Re: Anonymous letter from a "licensed m ntal health professional" I wanted you all to have a copy of a letter th t was found in the mailbox of one of my neighbors last week. It is anonymous and, yes, I do realize that that fact alone diminishes its impact. But it is articulately written, and raises some issues that I think we've all been a little afraid to raise ourselves. (You will also see that I have blacked-out the words that would identify the receiver of this letter, to help ensure his or her privacy.) I hope it will prompt additional questions ab ut the Emily Program and its appropriateness to set up business in a reside tial neighborhood. Thank you, Shari elson pc: Melanie Curtis 4111111.1111111111110 Orono, MN 3/9/10 Dearamm I am writing in support of your opposition to locating a residential eating disorders program in your neighborhood. I find it appalling tha Sy Mr. Miller and the media.At the same time I am not surprised as Mr. Miller wi say and do anythi g to get what he wants.While he claims that he is doing this for the good of an underserved patient po ulation he neglects to mention that the Emily Program is a private profit making company.Jillian Croll was on the news last night stating that there are only 25 eating disorders beds in a state of 4 million. This is untrue. Park Nicollet's Melrose institute has 39 residential beds with the same license that Mr. Miller intends to use in Orono. Mr. Miller claims that he has good relationships with his neighbors and the cities where his beds are located.Again not true. Mr. Miller just opened the doors to his 16 bed St. Paul facility but reportedly is or has been fighting with the city of St. Paul RE a board and lodging license.Without this license he cannot prepare meals at his St. Paul facility.Seems like a critical error for a progra focused on eating. Makes one wonder if he is in violation of the IRTS license he obtained from the state? As to the psychiatric population he will be treating. Fully 6 %to 70%of these patients will also qualify for a diagnosis of borderline personality disorder. Borderli e personality disorders can easily be researched online. This is a group who has great difficulty regulating emotion,acts out impulsively,and is prone to suicide gestures and attempts.The fact of the atter is that this is a group of patients who is much better treated in a psychiatric hospital setting. Best of luck in keeping this sort of trouble out of your neig borhood. Since ely, A lic nse mental health professional Melanie Curtis From: Lindsay Brown [lindsay@emilyprogram.com] Sent: Friday, March 19, 2010 11:59 AM To: Jim White; Cynthia Bremer; Lili McMillan; Jim Murphy(jmurphy@goldengate.net); Doug Franchot Cc: 'Dirk Miller'; Melanie Curtis Subject: The Emily Program's CUP Application Dear Mayor White and members of the Orono City Council: The Emily Program is formally withdrawing its application for a Conditional Use Permit for the Hill School property in Orono.We have stopped efforts to purchase the site. From the start, our vision was not only to create a haven where people could heal from the devastating effects of eating disorders, but to be a good neighbor in your community, i.e., preserving and enhancing a historic property, putting it back on the tax rolls, creating jobs, etc. Based on the lack of support for our CUP application,we must conclude that we either failed to communicate our vision, or you, as city leaders, believe this vision to be incompatible with your community values. These past weeks of delays and uncertainty, coupled with a climati of fear and misinformation, have convinced us that, despite Orono's unique beauty, it is not a place where we would be comfortable bringing our staff and clients. That said,we walk away from this experience with gratitude and lessons learned. We continue to receive an outpouring of messages of support (and now,apologies)from many Orono residents.These positive messages far outweigh the dialogue from those who opposed our efforts.This is what we will remember from our interactions with the citizens of your area. We also will remember the hard work and dedication of Planning and Zoning Coordinator Melanie Curtis, and others at the city office,who were kind, courteous and unfailingly helpful th oughout the past few months.We recognize our CUP application was a new experience for many involved.All of us wer learning along the way. i Perhaps the biggest lesson for The Emily Program is that there is much education and advocacy yet to be done to quiet the culture of fear and misinformation that still surrounds eating disorders and other behavioral health issues. Our commitment to speak up is stronger than ever. Regards, Lindsay M. Brown Director of Business Development The Emily Program 2265 Como Avenue St. Paul, MN 55108 Direct: (651) 379.6130 Mobile: (612) 802.0837 Fax: (651) 379.5276 1 Emily Program Zoning ' pplications 2180 North Shore Drive PRESENTATION IN OPPOSITIO TO APPLICATIONS BY SHARI DANIE SON Good evening, Mayor White and City Council Members. My name is Shari Danielson, and I reside on French Creek Dri e in Orono. As you certainly already know, I oppose the zoning applicatio s to alter the use of the Hill I I School property. I want to emphasize that I support the work of the Emily Program. I admire what they do -- they serve an important need -- and the Emily Program has a good reputation. I wish my little sister, who' been struggling with an eating disorder almost all her life, had the opportun ty for this kind of treatment 30 years ago. So in my mind, this is NOT abou the PROGRAM; ifs about the PERMIT j The City Council faces two important questions tonight: First, does the Emily Program, which is a clinic, fit the defi ition of a "hospital" or other conditional use allowed in this RR-1B zonin: district? And second, should the City Council make a fundamental and pet anent change in the future use of the Hill School property, by changing from educational use to hospital use? Regarding the first question, the Emily Prog am does NOT resemble a hospital, nursing home, sanitarium, or rest h o me -- the medical uses listed as conditional uses in the RR-1B zoning distric'. These uses require special state licenses and other approvals. The Emil, Program does NOT have such licenses, nor would it be eligible for a licens: for any of the described uses. The Emily Program is not at all similar to the common definition of a hospital. Even Dirk Miller himself, in these chambers on February 8th, said that his facility is not a hospital. Here's the text from the minutes of that meeting: "White asked whether the patients would Ibe force fed. "Miller indicated if that is necessary, it would be done in a hospital setting and NOT at the facility." Secondly, I'm opposed to this fundamental clange in use because it represents an intensification of use that does not fit on the Hill School property, and will be detrimental to nearby homes and families. Let me explain what I mean by intensification of use. At Hill School, most of the activities occurred Monday through Friday during daytime hours, and the school had considerable vacation period, including summer break. In addition, most of the traffic at Hill School o curred twice a day on weekdays, at the opening and closing of sch o ol. My 8-year-old twin daughters went to Kindergarten there, so I a o personally familiar with these patterns. Contrast these usage patterns with a hospital or similar medical facility, in which activities take place 24 hours a day, s yen days a week, and traffic 2 occurs throughout the day and into the eveni g hours EVERY DAY OF THE WEEK. Similar comparisons could be ade for parking, emergency vehicle use, lighting, noise, and other impact —not to mention the incremental traffic that would result on the a ready busy County Road 51, posing a heightened safety risk at the Dakot Trail crossing. 1 Even the Emily Program, which is a clinic that is not representative of the common definition of a hospital, illustrates the dramatic difference between educational -- and hospital or other similar medical uses. I have to restate: its 10-bed inpatient facility will operate 24 hours a day, seven days a week. Its outpatient services will operate six days a week and into the evening hours, similar to a clinic. Because the zoning changes being requested re PERMANENT, the City Council must consider the impact of other ho pital and similar medical uses beyond the Emily Program. Its Chaska clinic'serves as a relevant example. It first opened in 2002 as the Anna Westin House; in 2006, another company took over its management; in 2007, The Emily Program moved in; and in 2010 --just three years later-- the Emily Pro ram is closing the Chaska location and moving to a business/mixed-use neighborhood in St. Paul. With four changes over a period of just eight years this real-life example demonstrates the critical importance of th. ng long-term when considering significant zoning variances like the ones be re us tonight. The intensified impacts I've discussed are agnified due to the small lot size, limited setbacks on the Hill School pro erty, and proximity to residential neighbors. 3 The City's Zoning Code recognizes the imp.ct of hospital and similar medical uses on residents. It protects the res'dential uses in this zoning district by requiring a minimum TWO-AC ' lot size and a 100-FOOT setback for buildings -- and parking areas -- or hospitals and similar medical uses. The Hill School property is 0. 8 acres — only 29 percent of the required size — and doesn't even allow a 0-foot set back from North Shore Drive or Briar Street to the school bui ding. The existing parking and access driveways are set back less than TW FEET from the property line along Briar Street. It's clear to me that the lot size and setback buffers intended to protect residences from activities at hospitals and si ilar medical uses are MISSING on the Hill School property. When the intensified use on this small lot is considered in light of the standards for variances and conditional use permits in the City's Zoning Code, the City must vote to reject the proposed zoning applications. I'd also like to highlight several important p ints relating to standards and conditions that the current proposal fails to eet: 1. This property can be, and has been, put t reasonable educational uses under the conditions allowed by the offic al controls. 2. Allowing hospital and similar medical us s on this undersized property will alter the fundamental charm and rur 1 character of the area. 3. The special conditions applying to the pr perty are not peculiar to this or immediately adjoining property. In fact, here are numerous lots in this zoning district that do not meet the mini um two-acre requirement and would not allow 100-foot setbacks, inclu ing many across Briar Street 4 from the Hill school property. Could this ecome a precedent-setting decision for tearing down a residential pr perty and rebuilding a medical clinic? It certainly appears that way. 1 4. The granting of variances is not necessa for the preservation and enjoyment of a substantial property right f this or any other applicant. The applicant has available us s for this property. 5. Both the St. Paul and St. Anthony Emily rogram buildings are located in business/mixed-use districts. 6. The granting of the variances has the pot ntial, both in the short and long term, to negatively affect the surrounding residences. 7. Regarding conditional use standards that re not met, the proposed use I. will be detrimental to properties in the vi inity due to the inadequate buffers around hospital and similar medi al uses; and the proposed use will not comply with the City's Zoning Code but will require variances to be permitted. Finally, there are other important issues that ave simply not been adequately resolved, such as parking, where here is clearly a net deficit -- and the lack of transparency surrounding the specifics of the conditions for use. In summary, a permanent change to the zo ing standards to allow hospital and similar medical uses on the Hill School property will permit substantially intensified uses on a site that is just 29% of the required size for a facility of this nature. Clearly, this per anent change would pose a significant risk to the surrounding communi Pi , my neighbors, their families, and my family. For all of these reasons, I as , that you reject the applications. Thank you. 5 Date: March 8, 2010 To: Orono City Council From: Craig Bleeker 1380 Arbor Street Orono, MN 55391 This letter is to voice my support for the Emily Program being granted its conditional use permit. Eating disorders are very serious and potentially lif threatening. The Emily Program appears to be a very well run program that will pres rve the character of the Hill School and use the property to help those in need. Frankly I'm surprised anyone would be opposed to this. Concerns regarding safety and traffic appear unfo ded and irrational. Refusing a$2 million investment and allowing the building to remain empty because of"what ifs" does not appear to be a sound business decision on the part of City, aside from the additional benefits to the community provided by the Emily Program. Please follow the recommendation of the Orono PI 'ng Committee and approve of the Conditional Use Permit. Our city has nothing to to and much to gain. Sincerely, Crai S eeker Dear Honorable Mayor White, It has come to my attention that the Emily Prog m, a renowned eating disorder clinic wishes to purchase the Hill School and • vert it to a 10 bed facility for in- patient treatment. It has also come to my attention that the Emily "rogram has submitted an application for a Conditional Use Permit (CUP) :nd for variances to setback and land coverage. As part of the application the E ily Program has volunteered a covenant to their CUP application stipulating th t if the Emily Program were ever to leave the Hill School location, they would pet 'on the City for removal of that CUP. This ensures that any future use of the H II School property beyond the Emily Program would require the new owner to •etition the City. As a resident and neighbor, I support the Emily 'rogram's request to convert the Hill School into a center that will help heal and I welcome them to Orono. Sincerely, Name Wendy Dankey Address 2599 Casco Point Road Phone Number 952-471-7759 Pb I i I.ON TO MAYOR WHITE Mayor Jim White City of Oronoj 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r:nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili i for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit(CUP) and for variances to setba4 k and land coverage. As part of the application the Emily Program has volunteered a covenant to their CUP application stipulating that if the Emily Program were ever to leave the Hill School location, they would petition the City for removal of that CUP. This ensures that any future u e of the Hill School property beyond the Emily Program would require the new owner to petition he City. As a resident and neighbor, I support the Emily Program s request to convert the Hill School into a center that will help heal and I welcome them to Oron . Sincerely, Paul Tichy 2615 Countryside Dr Orono, MN 55356 952 473-0018 PL 1111ON TO MAYOR WHITE Mayor Jim White City of Oronoj 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r:nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili' for in-patient treatment. It has also come to my attention that the Emily Programhas submitted an application for a Conditional Use Permit (CUP) and for variances to setback and land coverage. As part of the application the Emily Program has volunteered a covenant to their CUP application stipulating that if the Emily Program were ever to leave the Hill Sch4 of location, they would petition the City for removal of that CUP. This ensures that any future use of the Hill School property beyond the Emily Program would require the new owner to petition the City. As a resident and neighbor, I support the Emily Program request to convert the Hill School into a center that will help heal and I welcome them to Orono. Sincerely, Stephen Charrier 1910 Heritage Lane Orono, MN 55391 612 819-3805 Mayor Jim White City of Orono 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a re owned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili for in-patient treatment. It has also come to my attention that the Emily Program as submitted an application for a Conditional Use Permit(CUP)and for variances to setb- k and land coverage. As part of the application the Emily Program has volunteered a covena t to their CUP application stipulating that if the Emily Program were ever to leave the Hill School location, they would petition the City for removal of that CUP. This ensures that any future u - of the Hill School property beyond the Emily Program would require the new owner to petition t e City. As a resident and neighbor, I support the Emily Program s request to convert the Hill School into a center that will help heal and I welcome them to Oro o. I authorize Stephen Byrnes to submit my name and add -ss to the Orono City Council affirming my support of the Emily Program's petition regarding the Hill School. Sincerely, Ellen Fritz 1035 Heritage Lane Orono, MN 55391 612/877-2349 PE 111 1ON TO MAYOR WHITE Mayor Jim White City of Oronol 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit(CUP)and for variances to setba k and land coverage. As part of the application the Emily Program has volunteered a covena t to their CUP application stipulating that if the Emily Program were ever to leave the Hill Sch of location, they would petition the City for removal of that CUP. This ensures that any future u e of the Hill School property beyond the Emily Program would require the new owner to petition he City. As a resident and neighbor, I support the Emily Programers request to convert the Hill School into a center that will help heal and I welcome them to Orono. Sincerely, Pamela Byrnes 1025 Heritage Lane Orono, MN 55391 952-475-1787 PE I 1 I ION TO MAYOR WHITE Mayor Jim White City of Orono' 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a roinowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facilit1 for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit(CUP) and for variances to setba k and land coverage. As part of the application the Emily Program has volunteered a covens t to their CUP application stipulating that if the Emily Program were ever to leave the Hill Sch of location, they would petition the City for removal of that CUP. This ensures that any future u of the Hill School property beyond the Emily Program would require the new owner to petition he City. As a resident and neighbor, I support the Emily Programis request to convert the Hill School into a center that will help heal and I welcome them to Orono). Sincerely, Annette Scott 1905 Heritage Lane Orono, MN 55391 952-475-1787 PE i 1 I ION TO MAYOR WHITE Mayor Jim White City of Oronol 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r,nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit(CUP) and for variances to setba,k and land coverage. As part of the application the Emily Program has volunteered a covena t to their CUP application stipulating that if the Emily Program were ever to leave the Hill School location, they would petition the City for removal of that CUP. This ensures that any future u.e of the Hill School property beyond the Emily Program would require the new owner to petition he City. As a resident and neighbor, I support the Emily Progra 's request to convert the Hill School into a center that will help heal and I welcome them to Orono. Sincerely, Marlene K. Fritz 3845 North Shore Dr Mound MN 55364 952-471-9222 Pb I 1 110N TO MAYOR WHITE Mayor Jim White City of Oronol 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r:nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili' for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit(CUP) and for variances to setba l k and land part coverage. As of the application the Emily Program has volunteered a cove na t to their CUP application stipulating that if the Emily Program were ever to leave the Hill School location, they would petition the City for removal of that CUP. This ensures that any future ire of the Hill School property beyond the Emily Program would require the new owner to petition he City. As a resident and neighbor, I support the Emily Programers request to convert the Hill School into a center that will help heal and I welcome them to Orono. Sincerely, Stephen Byrnes 1025 Heritage Lane Orono, MN 55391 952-475-1787 Pt I I I ION TO MAYOR WHITE Mayor Jim White City of Orono' 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r:nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili' for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit (CUP) and for variances to setba'k and land coverage. As part of the application the Emily Program has volunteered a covena t to their CUP application stipulating that if the Emily Program were ever to leave the Hill School location, they would petition the City for removal of that CUP. This ensures that any future Lye of the Hill School property beyond the Emily Program would require the new owner to petition. he City. As a resident and neighbor, I support the Emily Programs request to convert the Hill School into a center that will help heal and I welcome them to Oron . Sincerely, Mary Tichy 2615 Countryside Dr Orono, MN 55356 952 473-0018 PETITION TO MAYOR WHITE: Mayor Jim White City of Orono 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a renowned eating disorder clinic wishes to purchase the Hill School and convert it to . 10 bed facility for in-patient treatment. It has also come to my attention that the Emily Pro. am has submitted an application for a Conditional Use Permit(CUP) and for variances to setback and land coverage. As part of the application the Emily Program has volunteer:. a covenant to their CUP application stipulating that if the Emily Program were ever to lei ye the Hill School location, they would petition the City for removal of that CUP. T is ensures that any future use of the Hill School property beyond the Emily Program wo d require the new owner to petition the City. As a resident and neighbor, I support the Emily Pro am's request to convert the Hill School into a center that will help heal and I welco e them to Orono. Sincerely, Holly Evans 1477 North Arm Drive Orono, MN 55364 612-501-2828 Pt I 1 110N TO MAYOR WHITE Mayor Jim White City of Oronol 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r:nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili u for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit(CUP) and for variances to setba.k and land part coverage. As of the application the Emily Program has volunteered a covens t to their CUP application stipulating Pp p 9 that if the Emily Program were ever to leave the Hill Schiuol location, they would petition the City for removal of that CUP. This ensures that any future u•e of the Hill School property beyond the Emily Program would require the new owner to petition the City. As a resident and neighbor, I support the Emily Program s request to convert the Hill School into a center that will help heal and I welcome them to Oroni. Sincerely, David Scott 1905 Heritage Lane Orono, MN 55391 952-475-1787 PE ill ION TO MAYOR WHITE Mayor Jim White City of Orono' 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit(CUP) and for variances to setba k and land coverage. As part of the application the Emily Program has volunteered a covena t to their CUP application stipulating that if the Emily Program were ever to leave the Hill Sch of location, they would petition the City for removal of that CUP. This ensures that any future u e of the Hill School property beyond the Emily Program would require the new owner to petition he City. As a resident and neighbor, I support the Emily Programfs request to convert the Hill School into a center that will help heal and I welcome them to Oronc. Sincerely, Loren R. Fritz 3845 North Shore Dr Mound MN 55364 952-471-9222 PE I I I ION TO MAYOR WHITE Mayor Jim White City of Orono' 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Honorable Mayor White, It has come to my attention that the Emily Program, a r:nowned eating disorder clinic wishes to purchase the Hill School and convert it to a 10 bed facili' for in-patient treatment. It has also come to my attention that the Emily Program has submitted an application for a Conditional Use Permit(CUP)and for variances to setba 4 k and land coverage. As part of the application the Emily Program has volunteered a covena t to their CUP application stipulating that if the Emily Program were ever to leave the Hill School location, they would petition the City for removal of that CUP. This ensures that any future we of the Hill School property beyond the Emily Program would require the new owner to petition he City. As a resident and neighbor, I support the Emily Program s request to convert the Hill School into a center that will help heal and I welcome them to Orono. Sincerely, Jenni Charrier 1910 Heritage Lane Orono, MN 55391 612 819-3805 / .... ve ...,.e bei.e, -Pe d a 2 zartc„_cAcct6L &CI r� Let us re-direct and focus our attention to the k:y issue of tonight's meeting: the appropriate land use of the former Hill School site. Le, us remind ourselves, we are a city, a state and a nation guided by a Constitution and accordi gly, laws -- laws derived from that Constitution that protect, preserve and govern our civil society. The City of Orono has created and adopted a guiding philosophy, easily available on the home page of its official website. I quote the four points from the website: "City of Orono's philosophy: Preservation • Protect and preserve Lake Minnetonka, its watei- • quality, and its recreational assets. Protect and preserve our many natural resourceand open spaces." And most importantly to speak directly to the land use issue tonight: • Preserve our distinct urban and rural land use patterns and lifestyles. • Preserve our local character and identity." As well, I quote from the Orono Municipal Cod Section 78-5: "use of land for residential purposes is considered prim ry with other uses considered supporting this use. . .it is not the intention to expand or allow all such commercial or industrial activity to a degree where it conflicts with the primary residential use and the other guiding priniciples." I ask our mayor and council members and our greater Orono community to revisit the established Comprehensive Plan for the City of Orono. This plan has established policies and principles to guide, orderly and economic, private deve opment and public improvement in the years ahead (the document is a guide going forw rd to the year 2030). Let us focus on the facts of the Hill School Property Proposed Zoning Change: , ., The Emily Program has requested a conditional use is ermit (CUP) and associated variances fo -profit, tin disorder facilityin a to locate a 24-hour/seven days-a-week, in-patient, eating neighborhood zoned primarily for residential use. any neighbors surrounding the former Hill School are opposed to the proposed zoning cha .es for many reasons, including traffic excesses and the associated safety issues; parking inade•uacies; all-night lighting, noise and the higher volume of business activity; increased emergenc, responses; and decreased property values. Most importantly of concern is the permanency •f the Conditional Use Permit (CUP) which stays with the property and is not granted to an o ner, and the clear possibility that the zoning changes will open the door to other medical/tre ment facilities of any kind, which could move in when the Emily Program leaves. As neighbors in close proximity to the former Hull School, we are keenly aware of preserving the distinct rural land use patterns and lifestyles and we recognize that allowing a P.4 o rye facility will significantly alter the land-use, the character, and the lifestyles of the neighborhood. What is not on the agenda tonight is: What is t best use of the former Hill School by ne4brrs --7 property going forward? Many ideas are being discussed, the Eely Program is not the only option. We have already heard from neighbors who have pledged financial support and whatever else is necessary to find an appropriate use for this property. Dear Honorable Mayor White, It has come to my attention that the Emily Prog 1m, a renowned eating disorder clinic wishes to purchase the Hill School and co vert it to a 10 bed facility for in- patient treatment. It has also come to my attention that the Emily rogram has submitted an application for a Conditional Use Permit(CUP) .:nd for variances to setback and land coverage. As part of the application the E ily Program has volunteered a covenant to their CUP application stipulating th.t if the Emily Program were ever to leave the Hill School location, they would pet. ion the City for removal of that CUP. This ensures that any future use of the H II School property beyond the Emily Program would require the new owner to 'etition the City. As a resident and neighbor, I support the Emily 'rogram's request to convert the Hill School into a center that will help heal and I welcome them to Orono. Sincerely, Name Jeff Dankey Address 2599 Casco Point Road Phone Number 952-471-7759 IV o 4„. ,, �'t'> 1, CIT of ORONO ;ti'��, l���� � ' �- EN i Municipal Offices � �;:, .�� Street Address: Mailing Address: �ES'i1� 2750 Kelley Parkwa P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 19 March 2010 The Emily Program Attn: Lindsay Brown Dirk Miller 2265 Como Avenue St Paul, MN 55108 SUBJECT: Withdrawal of Zoning Application #10-3,42 The City of Orono has received your email, sent today at 11:59 AM, indicating your desire to withdraw application 10-3442 for a conditional use permit and variances for the property at 2180 North Shore Drive. The City accepts your withdrawal and will now conside application file 10-3442 closed. Please contact me at mcurtisci.orono.mn.us or 952.2 9.4627 should you have any questions. Sincerely, City of Orono Melanie Curtis Planning & Zoning Coordinator encl c: Kristen Tollefson, Hill School, 2180 North Shore Drive, Orono Lindsay Brown —via email Telephone(952)249-4600 • Fax 1952)249-4616 www.ci.orono.mn.0 - Melanie Curtis From: Lindsay Brown [lindsay@emilyprogram.com] Sent: Friday, March 19, 2010 11:59 AM To: Jim White; Cynthia Bremer; Lili McMillan; Jim Murphy (jmurphy@goldengate.net); Doug Franchot Cc: 'Dirk Miller'; Melanie Curtis Subject: The Emily Program's CUP Application Dear Mayor White and members of the Orono City Council: The Emily Program is formally withdrawing its application for a Con' itional Use Permit for the Hill School property in Orono.We have stopped efforts to purchase the site. From the start, our vision was not only to create a haven where people could heal from the devastating effects of eating disorders, but to be a good neighbor in your community, i.e., prese ing and enhancing a historic property, putting it back on the tax rolls, creating jobs, etc. Based on the lack of support for our CUP application, we must conclude that we either failed to communicate our vision, or you, as city leaders, believe this vision to be incompatible with y•ur community values. These past weeks of delays and uncertainty, coupled with a climate •f fear and misinformation, have convinced us that, despite Orono's unique beauty, it is not a place where we would be omfortable bringing our staff and clients. That said,we walk away from this experience with gratitude and les.ons learned. I We continue to receive an outpouring of messages of support (and mow, apologies) from many Orono residents.These positive messages far outweigh the dialogue from those who opposed our efforts.This is what we will remember from our interactions with the citizens of your area. We also will remember the hard work and dedication of Planning an Zoning Coordinator Melanie Curtis, and others at the city office, who were kind, courteous and unfailingly helpful thr ughout the past few months. We recognize our CUP application was a new experience for many involved. All of us were earning along the way. I Perhaps the biggest lesson for The Emily Program is that there is mulch education and advocacy yet to be done to quiet the culture of fear and misinformation that still surrounds eating disorders and other behavioral health issues. Our commitment to speak up is stronger than ever. Regards, Lindsay M. Brown Director of Business Development The Emily Program 2265 Como Avenue St. Paul, MN 55108 Direct: (651) 379.6130 Mobile: (612)802.0837 Fax: (651) 379.5276 1 1 110) ev,„ T he Emily Program o�g11 20�0 Personalized treatment for eating disorders. C/7'),CFORONO March 19, 2010 Dear Mayor White and members of the Orono City Council, The Emily Program is formally withdrawing its application fqr a Conditional Use Permit for the Hill School property in Orono.We have stopped efforts to purchase th: site. From the start, our vision was not only to create a haven w ere people could heal from the devastating effects of eating disorders, but to be a good neighbor in yo r community, i.e., preserving and enhancing a historic property, putting it back on the tax rolls, creating obs,etc. Based on the lack of support for our CUP application,we m st conclude that we either failed to communicate our vision, or you, as city leaders, believe this vision to be incompatible with your community values. These past weeks of delays and uncertainty, coupled with a climate of fear and misinformation, have convinced us that, despite Orono's unique beauty, it is not place where we would be comfortable bringing our staff and clients. That said,we walk away from this experience with gratitud and lessons learned. We continue to receive an outpouring of messages of support(and now,apologies)from many Orono residents.These positive messages far outweigh the dialoge from those who opposed our efforts.This is what we will remember from our interactions with the citizens of your area. We also will remember the hard work and dedication of Pla fining and Zoning Coordinator Melanie Curtis, and others at the city office,who were kind, courteous and unfailingly helpful throughout the past few months.We recognize our CUP application was a new experience for many involved.All of us were learning along the way. Perhaps the biggest lesson for The Emily Program is that th re is much education and advocacy yet to be done to quiet the culture of fear and misinformation that st II surrounds eating disorders and other behavioral health issues. Our commitment to speak up is stronger than ever. GY-44444.41• Lindsay Brown Director of Business Development Main Phone (651)645 5323 www.emilyprogram.com J Melanie Curtis From: Melanie Curtis Sent: Wednesday, March 17, 2010 3:10 PM To: 'sunlegals@acnpapers.com'; 'sunmourd@acnpapers.com'; 'bstursa@weeklynews.com'; 'Heron.Marquez@startribune.com'; 'callcenter@startribune.com' Subject: PRESS RELEASE: Statement from City of Orono Mayor Attachments: Letterhead statement.doc Please publish the attached Press Release in your upcoming editioi. Melanie Curtis Planning &Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisaci.orono.mn.us Website: www.ci.orono.mn.us 1 Ov13.41.0 CITY OF ORONO �� 4. 0., i4innicipal Offices r��, Mj� ' Street Address i Mailing Address: . 1 '�+��I %� o 2750 Kelley Parkway P.O. Box 66 'Z� + Orono,MN 55356 Crystal Bay, MN 55323-0066 Statement from Orono Mayor Jim White. Wednesday, March 17, 2010 I learned today The Emily Program's Director Dr. Dijrk Miller is withdrawing his application to purchase the historic Hill School to open a 10-bed res'dential eating disorders program. Notwithstanding some of the comments in the medi , the Emily Program itself was never the issue for our City Council. Orono's approach from the beginning was to try to accommodate both the Emily Program and protect the neighborh od. The neighborhood's concerns were primarily the intensification of use at the site and what happens with the building after the Emily Program leaves. In that effort, we reviewed the application with an eye toward compliance with our zoning ordinance. Now that Dr. Miller has decided to move on we will too. We wish him and his program all the best. Telephone (952) 249-4600 • Fix(952) 249-4616 www.ci.orono.mn.us Communication received after Christine Mattson Council packet distributed #13 From: Mike Gaffron Sent: Monday, March 08, 2010 6:20 PM To: Christine Mattson; Melanie Curtis; Ron Olson Subject: FW: From Orono Website: Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono .(Street Address)2750 Kelley Parkway (Mailing Address)P.O.Box 66,Crystal Bay,MN 55323 Phone:(952)249-4600 Fax: (952)249-4616 From: Frank Powers [mailto:nOmig@comcast.net] Sent: Monday, March 08, 2010 6:19 PM To: Mike Gaffron Subject: From Orono Website: Looks like you get the abuse. I am shocked that any organization dedicated to the idea of helping people, particularly an eating disorder, should have the nerve to move to Orono. The idea. Don't they realize this is an elite city for the elite of the seven county metropolitan area? Such an organization would surely upset the citizens in their quest for a tranquil residence. The obvious answer is to tell them to move to a city that does not have the clout your citizens do. After all, this is Orono and the disgraceful publicity is probably bothering your citizens while they enjoy their fine residences. In case you have not figured it out, since elite citizens tend to be a little 9dense, I am being sarcastic. Incidentally, I would have no problem with the clinic coming to Crystal. Frank Powers 5356 Perry Circle Crystal, MN 55429 1 -- I Communication received after Council packet was distributed Melanie Curtis #1 From: Bremer, Cynthia[cbremer@fulbright.co ] Sent: Friday, March 05, 2010 3:00 PM To: Melanie Curtis Subject: FW: CUP at Hill School property Cynthia Bremer FULBRIGHT&Jaworski L.L.P. •2100 IDS Center•80 South Eighth '.treet• Minneapolis, Minnesota 55402-2112 T: 612 321 2222• F:612 321 2288•cbremer fulbright.com•www.f Ibri•ht.com/cbremer From: Debra Bryant[maiito:bryantmn@mchsi.com] Sent: Friday, March 05, 2010 2:37 PM To: cbremer@ci.orono.mn.us Subject: CUP at Hill School property Debra B. Bryant John M.Bryant 1345 French Creek Drive March 5,2010 Dear Council Woman Bremer, We are strongly opposed to granting a Conditional Use Permit t allow commercial activity on what is now the Hill School property. Unfortunately,the focus on the real issue has been distracted by the emotional discussions of eating disorders and rehab...the testimonies that e have heard,while heartfelt, are not pertinent to the issue at hand. A twenty-four hour, seven day per week, for-profit, commerciaa]enterprise in a neighborhood zoned for residential use does not fit the criteria of the Orono Municipal land use code. The lot is inadequate in size for the volume and complexity of this business.The parking situation alone is problematic. Briar Street is only 19- 20 feet across and posted"No Parking"for good reason. It is simply not safe for temporary parking. The increases in em gency vehicle traffic(projected by the Emily Program)at this business will cause significant neighborhood sturbances and add to safety risks as well. We feel that this business would have a negative impact on our nei borhood. We urge the Mayor and Council Members to listen to their co 'tuents. Please do not grant a Conditional Use Permit allowing commercial activity on the existing Hill School Property. Thank you for your service to our community. Sincerely, Debra and John Bryant 952.473.9154 bryantmn@mchsi.com i Communication r:ceived after Council packet wa, distributed #2 RECEIVED 1300 French Creek Drive MAR -5 2010 Wayzata, Minnesota 55391 March 5, 2010 CITY OF ORONO Mayor Jim White City of Orono 2750 Kelley Parkway Crystal Bay, Minnesota 55233 Dear Mayor White: As residents of Orono who live within a quarter mile of the ill School,we are writing to you to express our opposition to the proposed CUP for the Emily Program. i We understand that eating disorders are a serious illness an J that people suffering from them need care, both medical and psychological,and compassion.Our iearts go out to them. However,that care should be delivered in an appropriate fa ility.The Hill School facility fails to meet a number of requirements of the Emily Program,including ad quate space and parking.The Emily Program is in the process of shutting down its Chaska locati n because it has outgrown the eight-bed facility,and is moving those patients to a much more spacio s facility in St. Paul.The Hill School is a proposed ten bed facility;given the success of the Emily Program in Chaska, it is reasonable to expect the program to outgrow its location here.And yes,although we are aware that people suffering from eating disorders are"weak,"as an Emily Program supporterlhas put it,we are concerned about who may move into the building once the Emily Program has outgrown its space. In addition to the space limitation of the building,the parcel lacks sufficient space for parking.With ten patients,numerous medical care providers,traveling tutors or the patients,and visitors,the few parking spaces on the lot will not be sufficient. In fact,the E ily Program has approached the Minnetonka Center for the Arts to request regular use of th Center's parking.The Center's director and board chairman have said they cannot provide regular use of their parking spaces to the Emily Program. With commercial vacancies at a 20 year high,surely the Emily Program could find a more suitable location for their project than a small historic school building in a residential area.The City Philosophy, stated on the first page of the City website at www.ci.orono.mn.us,is preservation. Please preserve the Hill School as it has been for decades-a school-to preserve Orono's local character and identity. Yours truly, ,67.Ze7//;_,,-7,2.-/V‘c,C--L-— . ernhard Nann Victoria Nann I "ommunication received after Council packet was distributed #3 March 5, 2010 Dear Mayor White and City Council Members, Along with our neighbors in Crystal Bay, French Cree and North Shore Drive, we oppose the zoning applications to permanently alter the use oft e Hill School property. We want to be clear that our opposition is in no way directed at the mily Program. We have a close friend who has struggled with an eating disorder and we re4ognize the difficulties associated with such illnesses and the help programs like this offer. As residents of Orono for the past 18 years, we share our neighbors' concern about the zoning applications for two important reasons: the permanency of the Conditional Use Permit (CUP) and the size of the Hill School property. i First,the requested variances and the CUP will create;permanent rights that are attached to the land and not the medical clinic. If the Emily Program ere to move from this location as it did from its Chaska facility, rights granted would extend r beyond the intended use and could have unintended impacts on the surrounding commu ity. The differences in usage patterns between the Hill School and the Emily Program, and r suiting traffic impact, are dramatic. In the event the Emily Program moved and the propert becomes a hospital or similar medical use,the traffic impact could be even greater.This inc emental traffic—combined with parking, emergency vehicle use, lighting and noise—in an area that already has increased traffic due to the busy Dakota Trail—requires serious consideration.A decision to permanently alter the Hill School property from educational to hospital use, creating an intensification of use that cannot be sustained on this property,would fundamentally alter the rural character of the area. Second,the Hill School property is too small for a clini'l or any other medical use. The City's Zoning Code recognizes the impacts of hospital and si ilar medical uses on residents. It protects the residential uses in this zoning district by equiring a minimum two-acre lot size and a 100-foot setback for buildings and parking areas for hospital and similar medical uses.The Hill School property is 0.58 acres—only 29%of the requir d size—and doesn't even allow a 50-foot setback from North Shore Drive or Briar Street to the .chool building.The existing parking and access driveways are set back less than two feet from he property line along Briar Street. The small lot size, limited setbacks and proximity to r:sidential neighbors greatly magnify the intensified impacts that would result from the funda ental change from educational to hospital use.The required conditions intended to pro i•ct residences from commercial activities simply cannot be met at this location. Z. A permanent change to the zoning standards to allow hospital and similar medical uses on the Hill School property, a lot that falls short in terms of size and suitability for these purposes, would have a detrimental impact on the surrounding neighborhood. For these reasons, we ask that you reject the zoning applications. Sincerely Gei: lei4 AM44t /de'l----- egg and Denise Steinhafel Residents of the Crystal Bay, French Creek and North Shore Drive neighborhoods Communication received after Christine Mattson Council packet was distributed From: Melanie Curtis #4 Sent: Saturday, March 06, 2010 12:13 PM To: Christine Mattson Subject: Fwd: Support for the proposed use of the Hill School property Please print. Begin forwarded message: From: "Jim Murphy (jmurphy@goldengate.net)" <imurphy@goldengate.net> Date: March 6, 2010 12:09:39 CST To: SEAN AND LAURIE CASHIN<cashin1250@msp.com> Cc: Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: Re: Support for the proposed use of the Hi School property Thanks again, Sean; I will make sure your letter is in the record. This w ole thing will untimately be determined by what is "allowable" under the code & the law, not on emotion. I have to say, at my age, I thought, no, hoped, the'rfear-mongering" & stereotyping of the nature that has crawled out of the woodwork in thie case had been diminished. Guess not...it truly saddens me. Jim Original Message From: SEAN AND LAURIE CASHIN To:jmurphv(a�goldengate.net Sent: Friday, March 05, 2010 4:11 PM Subject: RE: Support for the proposed use of the Hill Schol property Jim, You are welcome. It was nice to hear your appreciation. I just scanned the agenda and packet and I did not see copy of my letter-- which is fine -- I just wanted to verify that the council has it and will co sider it. Mostly I'm just naive and don't understand how these t ings work. In the packet I see lots of duplicate info, and arguments from a few loud voices ever and over. Again, it is not so important to me that my letter in included in the onlin: posting, I just want to ensure that it is adequately contained in the record so that the council •onsiders my view. I'd also like to thank you for your story that you passe. on last meeting. It is clear that this is a very personal issue for you. I'd also like to thank you .r your patience in this whole matter. I can tell you from my perspective in the audience, my tolerance for the first amendment has been often tested. For all of our sakes, I'm glad you have retz fined yours. 1 Sean *1120,, From:jmurphy@goldengate.net To: cashin1250@msn.com Subject: Re: Support for the proposed use of the Hill S hool property Date: Tue, 2 Mar 2010 09:58:28 -0600 Thank you Sean & Laurie!! Jim Original Message From: SEAN AND LAURIE CASHIN To:jwhiteaci.orono.mn.us ; cbremeranci.orono.mn.us ; Im millan • ci.orono.mn.us ; jmurphyagoldengate.net ; dfranchotci.orono.mn.us Sent: Monday, March 01, 2010 5:59 PM Subject: Support for the proposed use of the Hill School p-operty Dear Orono City Council Members, My name is Sean Cashin. I reside at 1250 Briar Strelet with my wife and two children. I first learned of the Emily Program's proposal in January through the planning commission's agenda which I received by email. I've attended two city council meetings, and the community information session. I've tried to listen thoughtfully;to the issues brought forth by neighbors and Emily Program officials, and I wish to voice my upport for the Emily Program's proposed use of the Hill School property. I am in favor of the proposal for many reasons, bo iI personal and objective. Personally, my career has been in social services, and I am currently he Human Resources Administrator for a day training and habilitation program serving adults ith intellectual disabilities. Additionally, we specialize in providing services to individuals wit!! maladaptive or challenging behaviors. In 2001, under similar circumstances to the Emily Pro NI am, we approached the Eden Prairie city council with the hope of moving one of our facilities nto a new home within the city. Bordered by residential homes on several sides, we too faces significant opposition to our proposal. Thankfully,the city council had the courage to see beh and the rhetoric and approve our use. Since moving into Eden Prairie we have develope• many positive community relationships. We are active members of the Chamber of Commer, e. The Lion's club, a local church, and a community artist group have partnered with our com.any on several projects and events. Local businesses employ our clients and local residents ire among our best employees. Had the 2 circumstances been different and it was our business ather than the Emily Program that sought 3 use of the Hill School property, I would hope that •rono would not balk. To not grant the Emily Program an equal opportunity to become an as-et of this community would be a shame. Personal reasons aside, objectively the Emily Prog am's request has great merit. The Hill School is an Orono landmark. An active owner I f this historic property offers the best opportunity for its preservation. Not only has the I mily Program stepped up as potential steward of this resource, but they propose a signific,: t investment into the property that will not only preserve, but enhance the property for year. to come. The opportunity to return this property to active use, in an enhanced capacity, re turned to the tax rolls, in this economic climate where countless commercial properties remai 1 vacant should not be wasted. Much has been made over whether or not this program belongs in a residential zone. As evident by the Emily Program's reputation and success, cblearly they are in the best position to understand the needs of their clients and how best to serve them. To praise their mission while contesting their means fails to recognize the obvious uccess they have had. Regardless,to state the obvious, a residential treatment program for p ople with eating disorders belongs in a residential zone. Zoned residential, it seems unlikely this unique property will ever be used strictly residentially in its current state. Conditionally used as a school, it too appears unlikely to continue as such. As a residential program focused on healing the Emi y Program's proposed use is a reasonable compromise between its residential zoning and traditi nal use. The Crystal Bay neighborhood prides itself on being a quiet neighborhood. Of course it hasn't always been this way. The post office, the Hill School, and the Minnetonka Center for the Arts are the final remnants of what was once the hub of Orono. Slowly commercialism has vanished and its absence leaves the impression that it was alvtays quiet, and should always be quiet. In recent years even the Hill School generated several traffic complaints. Caution signs now line Briar Street that had encouraged school parents to sldw down. With a capacity of 100 students, traffic patterns were noticeable, but tolerated. The Eriily Program's proposed use has given no indication that traffic levels will have a greater impact that those of the Hill School. In fact it appears estimates, despite the occasional emergency ehicle (which although might provoke an emotional response, still only has the actual impact of a solitary vehicle), project less traffic than those expected to be experienced if the Hill School had reached capacity. Many neighbors have expressed concern that allowi g a conditional use opens the door to less neighborhood-friendly programs using the propert in the future. As has been stated in previous council meetings, programs with six or fe er residents may utilize any residential property without city approval. The proposed use see s a conditional use to allow a ten resident capacity. A search of the Minnesota Department of 1 uman Service's licensing lists shows that 3 I of the 10,150 residential programs for which capacit was listed (including waivered services It programs for which residential capacity is capped at our), 81, or less than 1% have a licensed capacity of seven to ten residents. Dr. Dirk Miller of he Emily Program claims that economics would prevent other organizations from purchasing t e property should his program leave, but the quantity of potential suitors alone suggest that it i extremely unlikely. Additionally, few of these programs would likely have any more of an a verse impact on the community than the Emily Program. By and large these residential ho es provide foster care to children and residential services to people with disabilities — our most vulnerable citizens. The likelihood that one of these programs would have an adverse a fect on the community is extremely rare. On the other hand, 9,780 of these residential pro rams, or over 96%, serve six or fewer residents and could presumably move into any nei borhood without city approval. Clearly, granting a conditional use permit to the Emily Progr m does not significantly increase the risk of less neighborhood friendly residential programs from entering our city. Ultimately, if the conditional use permit for the Emi Program is denied we, as a community, will be left wondering what other uses the historic p operty might serve. More than likely we will find ourselves in this same position, wondering hether the proposed use will likely have a significantly adverse impact on the neighborhood. ry likely they will not propose the same significant investment that the Emily Program has to preserve and enhance the property. Let's not pass up this opportunity. At the most recent city Council meeting the phrase "perception is reality" was cited as evidence of the potential impact of community fears. Undeniably those fears are real. However emotions can be temporal. The longer view which sees the Emily Program's unique opportunity to preserve an h storic landmark, while simultaneously becoming a venerable asset of our community is th reality that will stand the test of time. I encourage you to approve their proposal. Sincerely, Sean Cashin 4 Communication received after Christine Mattson Council packet was distributed From: Melanie Curtis #5 Sent: Sunday, March 07, 2010 10:30 AM To: Christine Mattson Subject: Fwd: Support for the proposed use of the Hill School property Please print. Begin forwarded message: From: "Jim Murphy(jmurphy@goldengate.net)" <jmtirphy@goldengate.net> Date: March 7, 2010 10:25:57 CST To: Melanie Curtis<MCurtis@ci.orono.mn.us> Subject: Fw: Support for the proposed use of the Hill School property Melanie; I'd appreciate your sharing this with Council & Soren as with all other mail we are getting. Thanks, Jim Original Message From: Jim Murphy To: SEAN AND LAURIE CASHIN Sent: Sunday, March 07, 2010 10:23 AM Subject: Re: Support for the proposed use of the Hill Scho I property Good morning, Sean; Of all the mail & rhetoric I've received so far, I truly welome your wisdom & ability to understand. Someone once said, & I paraphrase, "The sign of wisdom is the ability to hold two opposing thoughts and still function!". Thanks again!! Jim Original Message From:SEAN AND LAURIE CASHIN To: imurphv c(�goldengate.net Sent: Saturday, March 06, 2010 5:30 PM Subject: RE: Support for the proposed use of the Hill Sch.ol property I know how you feel. Its very sad. The Executive Director of the company I work for ad ised me that ultimately the council will do what is best by the law and code. With that in the b.ck of my mind, I've publically kept my i emotions in check. Manyof these people are mydirec' neighbors. Mychildren playwith their p p � g children. I've had some over for dinner. Privately it is ery difficult to maintain my cool when seeing them on the street, or discussing when they'd li e their son to return home. In the end, whatever the outcome, I'd like to hope we can maintai a neighborly relationship. But it felt awful lonely being the only Crystal Bay resident with is hand in the air approving of the location and I'm admittedly hurt and saddened by that fact. I sometimes question what relationship I want with these people when this is ove . But, as evidence of their letters,there are others here i the neighborhood that approve of it. Many others have been roped into fearing it. (How co ld they not when, according to one neighbor, they were told our children will be finding dead bodies in the park?) My lasting hope will be that if it is approved,the community will learn'and grow. If it is not approved, it should be because of the code and law. Despite it resulting in the opposition's glee,that's a good thing too. Good luck to you on Monday. Have courage. I'll be cheering you on whatever the result. Sean From:jmurphy(&,,goldengate.net To: cashin1250@msn.com CC: MCurtis@ci.orono.mn.us Subject: Re: Support for the proposed use of the Hill School property Date: Sat, 6 Mar 2010 12:09:39 -0600 Thanks again, Sean; I will make sure your letter is in the record. This hole thing will untimately be determined by what is "allowable" under the cod s & the law, not on emotion. I have to say, at my age, I thought, no, hoped, the"fear-mongering" & stereotyping of the nature that has crawled out of the woodwork n this case had been diminished. Guess not...it truly saddens me. Jim Original Message From: SEAN AND LAURIE CASHIN To:jmurphy( Qoldenaate.net Sent: Friday, March 05, 2010 4:11 PM Subject: RE: Support for the proposed use of the Hill Sch of property Jim, 2 *5/You are welcome. It was nice to hear your appreciati n. 3 I just scanned the agenda and packet and I did not se a copy of my letter -- which is fine -- I just wanted to verify that the council has it and will c nsider it. Mostly I'm just naive and don't understand how these things work. In the packet I see lots of duplicate info, and arguments from a few loud voices over and over. Again, it is not so important to me that my letter in included in the online posting, I just want to ensure that it is adequately contained in the record so that the council considers my view. I'd also like to thank you for your story that you pass d on last meeting. It is clear that this is a very personal issue for you. I'd also like to thank you for your patience in this whole matter. I can tell you from my perspective in the audience, my tolerance for the first amendment has been often tested. For all of our sakes, I'm glad yqu have retained yours. Sean 4 From:jmurphy@goldengate.net To: cashin1250@msn.com Subject: Re: Support for the proposed use of the Hill School property Date: Tue, 2 Mar 2010 09:58:28 -0600 Thank you Sean & Laurie!! Jim Original Message From: SEAN AND LAURIE CASHIN To:jwhite@.ci.orono.mn.us ; cbremer@ci.orono.mn.us ; Imcmillan@ci.orono.mn.us ; jmurphy@goldengate.net ; dfranchot@ci.orono.mn.us Sent: Monday, March 01, 2010 5:59 PM Subject: Support for the proposed use of the Hill School property Dear Orono City Council Members, My name is Sean Cashin. I reside at 1250 Briar Str et with my wife and two children. I first learned of the Emily Program's proposal in Jan ary through the planning commission's agenda which I received by email. I've attended two city council meetings, and the community information session. I've tried to listen thoughtfull to the issues brought forth by neighbors and Emily Program officials, and I wish to voi e my support for the Emily Program's proposed use of the Hill School property. 3 4 5141, I am in favor of the proposal for many reasons, bo h personal and objective. Personally, my career has been in social services, and I am currentl the Human Resources Administrator for a day training and habilitation program servi g adults with intellectual disabilities. Additionally, we specialize in providing servic s to individuals with maladaptive or challenging behaviors. In 2001, under similar ci cumstances to the Emily Program, we approached the Eden Prairie city council with the hope of moving one of our facilities into a new home within the city. Bordered by residential homes on several sides, we too faced significant opposition to our proposal. Thankfully,, the city council had the courage to see beyond the rhetoric and approve our use. Since moving into Eden Prairie we have develope many positive community relationships. We are active members of the Chamber of Comme ce. The Lion's club, a local church, and a community artist group have partnered with our company on several projects and events. Local businesses employ our clients and local residents are among our best employees. Had the circumstances been different and it was our buiness rather than the Emily Program that sought use of the Hill School property, I would hope that Orono would not balk. To not grant the Emily Program an equal opportunity to becom* an asset of this community would be a shame. Personal reasons aside, objectively the Emily Pro ram's request has great merit. The Hill School is an Orono landmark. An active owner of this historic property offers the best opportunity for its preservation. Not only has the Emily Program stepped up as potential steward of this resource, but they propose a signifi4ant investment into the property that will not only preserve, but enhance the property for years to come. The opportunity to return this property to active use, in an enhanced capacity, rOturned to the tax rolls, in this economic climate where countless commercial properties remain vacant should not be wasted. JMuch has been made over whether or not this p gram belongs in a residential zone. As evident by the Emily Program's reputation and success, clearly they are in the best position to understand the needs of their clients and how best td serve them. To praise their mission while contesting their means fails to recognize the obvious success they have had. Regardless, to state the obvious, a residential treatment program fot people with eating disorders belongs in a residential zone. Zoned residential, it seems unlikely this unique pro.-rty will ever be used strictly residentially in its current state. Conditionally used as a school, i too appears unlikely to continue as such. As a residential program focused on healing the Em ly Program's proposed use is a reasonable compromise between its residential zoning and traditional use. The Crystal Bay neighborhood prides itself on being a quiet neighborhood. Of course it hasn't always been this way. The post office, the Hill Scho+1, and the Minnetonka Center for the Arts 4 1 are the final remnants of what was once the hu• of Orono. Slowly commercialism has 5 5 vanished and its absence leaves the impression that t was always quiet, and should always be quiet. In recent years even the Hill School generate it several traffic complaints. Caution signs now line Briar Street that had encouraged school p. ents to slow down. With a capacity of 100 students, traffic patterns were noticeable, but tolerat;d. The Emily Program's proposed use has given no indication that traffic levels will have a gr-ater impact that those of the Hill School. In fact it appears estimates, despite the occasional ;mergency vehicle (which although might provoke an emotional response, still only has the ai tual impact of a solitary vehicle), project less traffic than those expected to be experienced if t e Hill School had reached capacity. Many neighbors have expressed concern that allowi g a conditional use opens the door to less neighborhood-friendly programs using the prope y in the future. As has been stated in previous council meetings, programs with six or fewer residents may utilize any residential property without city approval. The proposed use seeks a conditional use to allow a ten resident capacity. A search of the Minnesota Dep. ment of Human Service's licensing lists shows that of the 10,150 residential programs fir which capacity was listed (including waivered services programs for which residential capacity is capped at four), 81, or less than 1% have a licensed capacity of seven to ten r•sidents. Dr. Dirk Miller of the Emily Program claims that economics would prevent • her organizations from purchasing the property should his program leave, but the quantity •f potential suitors alone suggest that it is extremely unlikely. Additionally, few of these pro_rams would likely have any more of an adverse impact on the community than the Emily Program. By and large these residential homes provide foster care to children and residential services to people with disabilities — our most vulnerable citizens. The likelihood that one •f these programs would have an adverse affect on the community is extremely rare. On t e other hand, 9,780 of these residential programs, or over 96%, serve six or fewer reside 0 is and could presumably move into any neighborhood without city approval. Clearly, grant ng a conditional use permit to the Emily Program does not significantly increase the risk i f less neighborhood friendly residential programs from entering our city. Ultimately, if the conditional use permit for the Em4y Program is denied we, as a community, will be left wondering what other uses the historic property might serve. More than likely we will find ourselves in this same position, wondering whether the proposed use will likely have a significantly adverse impact on the neighborhood. ery likely they will not propose the same significant investment that the Emily Program has t preserve and enhance the property. Let's not pass up this opportunity. At the most recent city council meeting the phrase "perception is reality" was cited as evidence of the potential imp ct of community fears. Undeniably those fears are real. However emotions can be temporal The longer view which sees the Emily Program's unique opportunity to preserve an istoric landmark, while simultaneously becoming a venerable asset of our community is t reality that will stand the test of time. I encourage you to approve their proposal. 5 Sincerely, 4151V Sean Cashin 6 Communication received after Christine Mattson Council packet was distributed From: Melanie Curtis #6 Sent: Sunday, March 07, 2010 10:47 AM To: Christine Mattson Subject: Fwd: Facts of the Hill School property proposed zoning change Please print. Begin forwarded message: From: "Jim Murphy (jmurphy@goldengate.net)" <m r h olden ate.net> Date: March 7, 2010 10:45:44 CST To: Melanie Curtis<MCurtis@ci.orono.mn.us> Subject: Fw: Facts of the Hill School property prop sed zoning change 1 Original Message From: Jeanne To:jwhite anci.orono.mn.us ; cbremeraci.orono.mn.us ; Imcmillan(a,ci.orono.mn.us ; imurphyagoldengate.net ; dfranchotaci.orono.mn.us Sent: Saturday, March 06, 2010 12:54 PM Subject: Facts of the Hill School property proposed zoning change Saturday, March 6, 2010 Dear Mayor White; council members Curtis, Bremer, McMillan, Murphy, and Franchot: Below is a document that has been created by neighbo s to share with others who haven't kept up with the situation of the upcoming City Council vot on the proposed zoning change of the former Hill School property. We ask you, as our elect d representatives, to focus on these facts: Background The Emily Program is a for-profit eating disorder in-patient/out-patient treatment facility. It has several locations throughout the Twin Cities and h.s been around for many years. Dr. Dirk Miller, the founder, has requested a conditional use permit (CUP) and associated variances to locate a 24/7, in-patient clinic in a neighborhood oned for residential use. The neighbors surrounding the former Hill School are opposed to he proposed zoning changes for many reasons, including traffic excesses and the associated safety issues; parking inadequacies; all- night lighting, noise and activity; increased emergency responses; decreased property values; and, even more important, the possibility that the zoni g changes will open the door to other medical/treatment facilities of any kind, which could ove in when the Emily Program leaves. 1 , ii (PI Z 1) Land Use-An Undesirable Medical/Treatment acility Could Move In The Hill School property is currently zoned to be a sch of or church. The city would need to grant a Conditional Use Permit(CUP) allowing hospit 1-type facilities in order for the Emily Program to operate there. If the CUP is granted for th Emily Program and they decide to leave the property, another hospital-type facility could move in. This opens up the possibility of businesses which would be even less friendly to their r sidential neighbors. Dr. Miller downplayed this probability at the last City Council m eting, but in fact, the Emily Program is actually in the process of closing (or has just closed as bf March 2010)their Chaska location after just four years of their operation of it(the Chaskasite opened independently as the Anna Westin house in 2002,but merged with the Emily Pro am in 2006) - so what's to stop it from happening in Orono? In an attempt to alleviate this concern, the Emily Progr has offered to petition the City Council to revoke their conditional use permit(CUP) i they ever leave the property. While this seems like a very gracious offer by the Emily Program the CUP is not legally theirs to surrender —it stays with the property. 2) Increased activity, traffic, parking, lighting, eme gency vehicles The Emily Program will house 10 patients, associated dministrators and treatment providers, visitors, and some out-patients. There will be increase traffic, parking and lighting as well as increased emergency vehicle calls to the location whic is an already on a very small property lot on a narrow street (Briar). The Emily Program operat s another in-patient facility in Chaska for which we have obtained police records. These records indicate many emergency dispatches to the Emily Program site for reasons including medical, uicide threats/attempts and missing persons. Emily officials say they have never encountered such i tense opposition, but they fail to acknowledge that their other clinics are all located in n ighborhoods with a mix of business and residential property—including their new St. Paul loca ion on Cleveland Avenue. Dr. Miller describes the new St. Paul location as "probably more o f a neighborhood than Orono." While there are many homes in that neighborhood, it is a mu I more urban setting than the Orono location. It is directly across the street from the U of 1 campus, across from Lori's Coffee Shop and Mim's Café and down the street from several Coll,ge Fraternity Houses. Additionally, according to neighbors, many students rent homes alo g Cleveland Avenue and there is already significant traffic as well as on-street parking. It seem. unlikely that the Emily Program will significantly impact the overall activity level, traffic . • parking already in that neighborhood, so it's not surprising that there is little neighborhood o',position. To be clear,the non-profit Minnetonka Center for the Arts is adjacent to the Hill chool and three blocks away on Brown Road is the very small Crystal Bay Post Office; howev-r, both operate essentially Monday through Friday, 9-to-5 hours without the traffic,parkin., lighting, or emergency vehicle issues, and both together don't come close to constituting a" i ixed-use"zone. The proposed Orono site 2 1 4, is in a mostly residential neighborhood in a very rural urrounding with virtually no other for- 3 profit businesses nearby - The Emily Program would h ve a big impact here. 3) Property is Too Small According to city ordinances, the setback requirements for a hospital-type facility are 100 feet on each side to the nearest street or property line. These s tback requirements are to insulate neighbors from the activities of such a business. The ill School property has the following setbacks: south side - 44 ft., north side - 92 ft., east sid - 41 ft., west side - 21 ft. There is clearly minimal buffer for the surrounding residents. 4) Property Values Will Decline ' l In one interview Dr. Miller states that concerns about t e impact to surroundingproperty values pp P Y are "unfounded." But if you add a business, increase t affic, overall activity, street parking, lighting and emergency vehicles in a quiet, rural neigh orhood, isn't it logical to think that property values will decline—regardless of who owns he property? 5) The City of Orono must uphold its ordinances a d philosophy. 1 Orono Municipal Code Sec. 78-5 states: "use of land for residential purposes is considered p imary with other uses considered supporting this use , it is not the intention to ex and or allow all such commercial or industrial activity to a degree where it conflicts wit the primary residential use and the other guiding principles." The stated philosophy of the city of Orono is PRES RVATION. " To preserve our distinct urban and rural land use patterns and lifes les; to preserve our local character and identity." 1 i I Granting a CUP would conflict with the primary resid tial use of the land and would not follow Orono's stated philosophy of preservation. These are not irrational concerns being voiced by the Orono neighbors- we are hying to preserve the quiet, rural setting that we all love. We'vould have the same concerns whether the proposed business is a gas station, restaurant or retail store. We have no prejudice against people with eating disorders and support the mission of the Emily Program. We welcome the Emily 3 Program to Orono but in another more appropriate loc ion that can adequately support the needs it of both the business and the surrounding residents. Signed, Neighbors Opposing Hill School Zoning Change Ty Fayfield and Jeanne Hoene Fayfield David Dess and Sandra Dess 4 I I Communication received after Christine Mattson Council packet was distributed #7 From: Melanie Curtis Sent: Sunday, March 07, 2010 10:48 AM To: Christine Mattson Subject: Fwd: Hill School Rezoning Please print. Begin forwarded message: From: "Jim Murphy (jmurphy@goldengate.net)" <jmttrphy(c�goldengate.net> Date: March 7, 2010 10:45:56 CST To: Melanie Curtis<MCurtis@ci.orono.mn.us> Subject: Fw: Hill School Rezoning Original Message From:sandra To:jwite aC�.ci.orono.mn.us ; cbremer(c�ci.orono.mn.us ; Imcrrhillanaci.orono.mn.us ; imurphvaoldengate.net ; dfranchot@ci.orono.mn.us Sent: Saturday, March 06, 2010 1:28 PM Subject: Hill School Rezoning Dear Mayor k anc Cay of Or. • Cc nabA'Iemherj'.• I am.writ writtne reard'r nnthe'/'f'ZLS • • r aiva I woulzklrke'ta-teWyou.a 14'tlei bet• • irwielfanc famay befor&adarad 'the aitte'of ' pri fly fizmay and'"r her&t-o-1414 seiotzfr almost yelcu-7- vo-aiter le vuuel ry the'Keu aj'C- I area'for almoct15year': Pis-or tt'-pur a-hom&herer , dpent3 week lookeiv thous tthe'ent(,re'k1-. metro-areal 141clite&neth& inner jur.burb'of E&,za,Lake'C• • and'Lak&of theill�•' I daw app 300# • -. dur nnmy mean-civic what"f eltwotcale'th'moltappr• OrlAat&area-for myself aneb my family to-re1,ocate In.• - end we'deaded ta• purc w &cvhom& n'th French'C : - area-due'to-the' follow4 1. kie-loved the' ue et rural oft he'area( 2. 1.1a,vime necirithOrkand'a- ' hdrIet water mportia nttb- 3. Thep of th&kl' Artcenzer wawa/&mur* a'-our-our enttr&frunay ' thieartO 4. Thep of th&joon to-b& • •ened29alcotzr. bai,n1walkenetraa 5. the ax.cellent repututcorvof t vroonalG�i 6. Laity, butr;mp ,trier-. - value'ofproperty 4rvt 4 rasedenttabarea4 TA&4-ittokregardi,n. ' property should center ' e&around tit apprvp '' u &af t pr'operty and th&rwraile r%dsuek that would' . • 'any theiproperzy t nto- t e'future: The'w koft e'E program/ha.'never been/q even/though/Dr. aler cdnan to-attempt- to-pat,n picture-of - opposer one Ratner, te' rce 14,and alwayj'ha 'been'. ' of chartgen,t &goll%ngof th&lit xlsoolproperty and t e't4 thereuv. It-would be my hope-tiu:k aluei would be't i pr ortty for the'Coun b a 'well; Mot g4manyofu.-have thatt o ha-beer:. place d upon/u -a -r tbf why Enzr;Lyprop-cum £a'not approbi rate rather tharvE tn-proveto-Orono- why thceprozranv wdl' ' th&communay and j u Dr. Ala haktuken/ary imt-e,ra zng approach/to- overwhelnane nujray ofJ -prop° ea'ileighborkby beeniracamatvry and defantatoly at-tit&caunc ineetu and uvthil acaLpre 77u:'ha',led many ofu. -t'-be. veheand ha-program.wold not -gm,cL r. Overwhelfrarzgly, the neighborkiurroundimethaproperty are pi/agreementand areoppoced'tvt- tie lOcatforvof thceEm4v program 1,vth4' Jetting: Pleazei, Mayor kil and'Cr ty Cc'unci;LAlemberj'.•a 'your tug payi - - do-what ri'r g1ztfor theCrty of Orono; and - spectrically t eir thatlr vein' and around t &p &carton.oft &&nay progranv' 24/7 Preserve , 1eor irk and ironed ug&i- a 'a'jcliool'or c/zurch< Protect tho e'of uo'thatha ve'mad'a' ane carefuL 2 a.-to-wher&w&walvtv-Zw.- , rar4&our clu2drervanek 3 rn.va tr%n'pro erzy. Pre4erve-the'. - - of hatortaOraner nag iibor Iwo t4euub uplsolzthe' ' . . ofthe'CrtyofOrono- upon,wh{;clveaclvofyou'was' - - b' - , RalPectful46 Sandra/ Dam- 1260 French/Cree /DnA/ ' We y�iatz AlN 55391 Jde orono:A712.rnnau- 3 Communication received after Christine Mattson Council packet was distributed #8 From: Melanie Curtis Sent: Sunday, March 07, 2010 10:49 AM To: Christine Mattson Subject: Fwd: Emily Program at Hill School CUP Please print. Begin forwarded message: From: "Jim Murphy (jmurphy@goldengate.net)" <'m r h olden ate.net> Date: March 7, 2010 10:46:10 CST To: Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: Fw: Emily Program at Hill School CUP Original Message From: David Dess To:jwhite(a@ci.orono.mn.us Cc: cbremeraCci.orono.mn.us ; Imcmillan(aci.orono.mn.us ;jmurphyts'�i goldengate.net ; dfranchot(c ci.orono.mn.us Sent: Saturday, March 06, 2010 1:37 PM Subject: Emily Program at Hill School CUP Dear Mayor White: I live near the Hill School, the location of the proposed Emily Program in Orono. Undoubtedly, you have heard arguments both for land opposed to the Emily Program proposal. It is vital that two issues are separated: 1) the worthiness and good works of the Emily Program; and 2) the appropriateness and implications of the Emily Program locating at Hill School. I've attended three Council/Planning meetings on the Emily Program and have listened to Dr. Miller and his associates support the propo al, one neighbor who expressed passionate and heartfelt support for the life-savin value of the Emily Program, and a City Council member who shared his mission to h Ip others whenever he can, based on his personal experience and transformation via a ehabilitation program. All these arguments are compelling, thoughtful and conseq ential. At no time have I heard disagreement or disparagement of the Emily Proj ct Mission or the quality of Dr. Miller and his team in meeting the very real needs of pe sons with eating disorders. All these sincere discussions revolve around #1 above: "th worthiness and good works of the Emily Program". i However, the worthiness of the Emily Program is hot at issue with neighbors opposed to 11, locating the program at Hill School. It is to the advantage of those in favor of locating the Emily Program at Hill School to confuse and irhter-mingle the two issues, and cast those who oppose it as being "irrational", "heartless" and "narrow-minded' rubes who do not like people with eating disorders, playing on the emotions of the audience & broader public. They endeavor to turn opposition of the proposal into a selfish case of"Not in my backyard". This approach has been disingenuou , condescending and insulting to neighbors who are trying to focus on #2: the app opriateness and implications of the Emily Program locating at Hill School. Proponent of the proposal are leveraging emotional appeal and generating community divis veness to win their cause. It will be most productive to focus on the technical land use issues, the impact on the community, and the stated charter of our City Council of Orono. In aggregate, it seems granting a CUP or an IUP to the Emily Program is inappropriate and not in the best interest of the community. After all, shouldn't that be the overriding concern of our elected City Council? Thank you, and the entire City Council, for your s rvice to the community. 11 Best Regards, David S. Dess 2 Communication received after Christine Mattson Council packet was distributed From: Melanie Curtis #9 Sent: Sunday, March 07, 2010 10:49 AM To: Christine Mattson Subject: Fwd: opposed to CUP for Hill School i Please print. Begin forwarded message: From: "ahprintup@aol.com" <ahprintup@aol.com> Date: March 6, 2010 12:32:51 CST To: Jim White<JWhite@ci.orono.mn.us>, Cynthia Bremer<CBremer@ci.orono.mn.us>, Lili McMillan<LMcmillan@ci.orono.mn.us>, "Jim Murp y (jmurphy@goldengate.net)" <jmurphy@goldengate.net>, Doug Franchot<dfranchi t ! ci.orono.mn.us> Cc: Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: opposed to CUP for Hill School My name is Aaron Hale Printup. ,I live at 2195 Prospect Ave. with my 15 1/2 month old Daughter. We live directly behind the Hill School and the Art Center. I am a life long resident of Crystal Bay and Oron . Every day I look out my window at the Historic Hill Sc ool. I am opposed to granting a CUP to Dirk Miller of t a Emily Program. The Hill School is zoned for Rura Residential and should stay that way to maintain its Historic significance and remain a place of learning, whether it is a school of education or of the arts. Preservation being the guide, that should lead to voting "No" for the CUP. Crystal Bay is a Residential Zon and not a Commercial Zone. If the current applicant we e to vacate the property after remodeling it to their liking, hat property would be over $2 Million Dollars. What en ity could afford that? Being that it is very close to bein zoned for Hospital use, the next entity to move in would I kely be facilities for Health Care, treatment, rehabilit tion. 1 AN 1 The City of Orono can not guarantee that would not 2 happen and should vote "No" for the CUP. There is no way that .58 acre lot With the 115 year old building is worth $2 Million dollars, much less the current $875,000. From the beginning of this applic :tion process, mistakes may have been made. Perhaps and Use wasn't looked at from the very beginning and o ce this issue spiraled into the emotional wreck, it was tii late to gather the facts. Allowing setbacks for new uses -t the Hill School has not served the community well. Wha happens when the many home owners who have be- n denied permits find that out? Does it set precident? he Hill School is a historic landmark and variances f the past were associated with the school. Not .; new Hospital. Because the Planning Commissions reco mendations are non binding, the Council should not a cept their findings. Hospitals should not even be allo ed in the Rural Residential. A new variance for marking should not be binding. 16 stalls may suit the needs of staff, but where is visitor parking? What about shift change when there could be double the normal amount of staff vehicles? I'm sure the Art Center can't provide parking all the time. Commercializing belongs in Navarre and not in the Rural Residential Crystal Bay. Protect Crystal Bay from the "encroachment of incompatible land uses" and "maintain the historic identity and characte istic" of Crystal Bay and vote "no." Would Hill School be considered a medium density housing type? If so, it is not "op ropriate within 1 ,000 feet of the shoreline." The Hill School is guided by "Rur I Educational Land Use" and it is stated in that section tha the Hill School be "relatively small and low-key" wo Id it be appropriate 2 in the Rural land use. Making it $ 24/7 Hospital is not low "I.3 key. The Health Care Plan it is suggested would be in the Navarre area supported by "Orono's urban-rural land use plans." If the Hill School becomes a ho pital, it will always be a hospital, and the City can not gu rantee that it would not evolve into something else. The pplicant has suggested the city could cancel the CUP. T at is not legal. The applicant has offered to withdraw the CUP if they ever left. That is not legal. Please vote "no" for the CUP. Aaron Hale Printup 2195 Prospect Ave. 3 Communication received after Council packet was distributed A-'~C` 1•S #10 Mayor and Council City of Orono 2750 Kelley Parkway Crystal Bay, MN 55233 Dear Mayor and Council, Most recently, it has come to our attention the Emily Program has interest in purchasing the Hill School to convert it to a 10 bed facility for in-patient treatment, We understand the Emily Program has submitted an applic'a tion for a Conditional Use Permit and for variances to setback and land coverage. As a resident and neighbor, we strongly oppose approval ojf a conditional Use Permit for the Emily Program. We would request additional time before a final decision, allowing all residents the opportunity to learn of the potential issues. Sincerely, Rob and Julie Wiens 1425 Bay Ridge Road Wayzata Mn 55391 • (952)473-7996 Td WdEE:T T 0T0Z 80 'aeW £b9T bbS ESE, : ON 2NOHd S2111S31:18 eId1SHTON : WOi'Id Melanie Curtis Communication received after Council packet was distributed From: Mimi Rae [mbr680@me.com] #11 Sent: Monday, March 08, 2010 3:51 PM To: Melanie Curtis Subject: Hill School Site Dear Members of the Orono City Council, As a home owner in Orono, I am NOT in favor of granting a Conditional Use Permit to the Emily Program at the Hill School site. My family would like to see the City of Orono establish la Long Range Planning Commission to address the residential and commercial needs of our community going forward. Sincerely, Mary B. Rae 680 Brown Road South Wayzata, MN 55391 1 Communication received after Council packet was distributed #12 Additional comments received via telephone: March 1, 2010: Dorothy Levy—2425 North Shore Drive —stated that she did not feel the proposed use was appropriate. She stated that she was against it. March 8, 2010: Frances Graham —Old Crystal Bay Road — called to note that she is in favor of the proposal. She added a few other comments regarding the historical significance of the building. - I Communication received after Christine Mattson Council packet distributed #13 From: Mike Gaffron Sent: Monday, March 08, 2010 6:20 PM To: Christine Mattson; Melanie Curtis; Ron Olson Subject: FW: From Orono Website: Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O.Box 66,Crystal Bay,MN 55323 Phone:(952)249-4600 Fax: (952)249-4616 From: Frank Powers [mailto:nOmig@comcast.net] Sent: Monday, March 08, 2010 6:19 PM To: Mike Gaffron Subject: From Orono Website: Looks like you get the abuse. I am shocked that any organization dedicated to the idea of helping people, particularly an eating disorder, should have the nerve to move to Orono. The idea. Don't they realize this is an Eilite city for the elite of the seven county metropolitan area? Such an organization would surely upset the citizens in their quest for a tranquil residence. The obvious answer is to tell them to move to a city that does not h ve the clout your citizens do. After all, this is Orono and the disgraceful publicity is probably both ring your citizens while they enjoy their fine residences. In case you have not figured it out, since elite citizens tend to be a I ttle dense, I am being sarcastic. Incidentally, I would have no problem with the clinic coming to Crystal. Frank Powers 5356 Perry Circle Crystal, MN 55429 1 ORONO POLICE DEP'A RTMENT DATE: MARCH 2, 2010 TO: MELANIE CURTIS FROM: SCOTT BORIS RE: CRIME STATISTICS I have reviewed the database report from the Chaska Police Department. I have looked at the number and types of incidents that are normally associa ed with this area of Orono and I have concluded that if the Anna Weinstein house would oper:te at the proposed site then the increase in the number of calls would statistically insigni icant. We could anticipate a .007% increase in calls for service from this program. I have E-mailed Chief Knight from Chaska Police ask about any parking issues from the Chaska facility. As of this memo I have not heard back from Chief Knight. Chaska PD's report went from December 2000 through December 2009 and totaled 85 incidents all of which were non-criminal in nature. I was able to get data from Hennepin County regarding the number of calls for service in the area where the former Hill School is located. You will notice from the attached map the boundaries of this area. The data is from the Computer Aided Dispatch system (CAD) maintained by the county. Only calls that were generatld through this system by 911 calls or from an officer imputing a call in his/her squad computer will be in this report. For example if an officer made traffic stop and did not input the data into the squad computer then this stop would not be recorded. It would be rare for an officer not to input a call and therefore this data should be the most accurate we have available. The data is from 1999-2009. This particular patrol grid averages 1317 calls for service annually. There are a variety of call types to include medicals, fires, calls for service and crime reports and crimes in progress. When looking through the data starting in the year 1999 I have described the codes that are used for the various calls if the code was difficult to decipher. In 1997 you will see two listings for the same code. For example when looking at the number of 911 calls in 2007 you will see 15,then below that you will see 3. This is because Hennepin County was switching computer systems. So 15 911 calls happened before the switch and 3 happened after. When checking our local data base for the former Hill School we found that the police department responded to a total of 20 incidents between 1998-2007. I do not have breakdown on those individual calls. i a x col tr.... &.' 1-1 ..-lara 00 S ft? t?' . _., 6.4„,.,„ .,„, --, ,?'"Ar4P," f.,,,A,' A".:'7..4;,,,'V,,,,(41W.' ''.',:4r.f"...41:'..St.,leit::::te,,,A,,,, a - / a 94;,..- ,,....„- „,.. . ,... _ ...:, , . , . , ...„. ,,. . . . ,. .,.....„.„... ariar St. Gooriv__,04% ...-----A- -; 111774 0 ...• 1.7. ., .......---- . . ut Brown Rd Eig , CO .a., 7.15011.1eH 6 .1- Id ci li I I 1 .•a„, A.:13.re t L .- ...Liz. ......,. . _. . Q.--'-' , ! •.. ,\ 1 . .,.. III 3 il- '4- 1999 �.�„fa -': tea,.. �.. ,,.r;,gv/%n::w .r.�, ace..,..„ ,._1999 911 911 Hang -up 33 2000 1 911 ' 30 1999 :ACC lAccident 7 2000 (ABUSE 'Child Abuse 1 2 1999 jALMCO Alarm Carbon Monoxide 4 2000 .ACC 7 1999 IALMCOE !Alarm Medical CIO 1 2000 IALMCO 1 1 1999 1ALME 5 2000 1ALME 6 1999 IALMFAL 1 2000 ALMHSE 30 1999 ALMHSE I Fire Alarm 35 2000 ALMP 151 1999 ALMP Intrusion Alarm 196 2000 ANIMAL 37 1999 ANIMAL (Animal Complaint 39 2000 1ASTMIS 16 1999 ASSA Assault 1 2000 IATL 1 1999 IASSA4 Assault Report 1 2000 !BLEED 2 1999 'IASTMIS Misc Assist 11 2000 (!BONE I 1 1999 IATL Locate Attempt 1 2000 (BREATH 4 _ 1999 BIKET4 (Bike theft 2 2000 BURG 2 1999 BLEED !Medical-- Bleeding ! 4 2000 BURG4 3 1999 BOAT !Boat Fire 1 2000 BWI 1 1999 BONE ;Broken Bones 5 2000 CALL 6 1999 1 BREATH !Breathing Problem 2 2000 CAR 3 1999 (BURG Burglary In Progress 3 2000 CARA 5 1999 1BURG4 Burglary Report 6 2000 CART 1 1 1999 (BWI Boating While Intox 3 2000 CART4I 1 1999 !CALL !Phone Call 21 2000 CIVIL I 1 1999 (CAR 'Vehicle Fire 4 2000 DAMAC 4 7 1999 !CARA !Vehicle Abandoned 4 2000 DAR 2 1999 ICART4 Car theft report 1 2000 DEER 20 1999 CHASE Pursuit 3 2000 I DIABE 2 1999 !CHOKE Medical Choking 1 2000 IDISTU" 2 1999 1CIVIL 1 2000 DITCH 15 1999 1CUSTOM Customer Problem 1 2000 DIZZY 1 1999 DAMAG4 ,Damage Report 10 2000 I DK 1 1999 DAMAGE I Damage to Property 2 2000 !DOA , 1 1999 DAS I Driving after Suspensiol 1 2000 !DOME'T 4 1999 DEER I Hit Deer 12 2000 I DOOR i 1 1999 DIABET Medical -- Diabetic 2 2000 DOWN 1 1999 DISTUR :Disturbance 2 2000 (DWI 30 1999 DITCH !Car in Ditch 12 2000 F1 1 1999 DIZZY Medical -- Dizzy 2 2000 F3 2 1999 DK Drunk Person 3 2000 FALL 1 1999 'DOA Death 1 2 2000 FIGHT 2 1999 :DOMEST Domestic Assault 2 2000 FOLLOW 1 1999 1 DOOR Open Door 1 1 2000 FW 1 1999 I DRILL Drill or test 1 1 2000 LGASO 5 1999 ;DWI 35 2000 ',HEAD l 2 1999 1E1 Medical Sery Misc 1 2000 I HEART 3 1999 ELEC Electric Fire 1 2000 HELP 1 1999 EXPLOS Explosion ' 1 2000 ILL 3 1999 F1 Fire Misc 1 2000 INFO 23 1999 F3 Fire Misc 1 2000 JUVE 20 1999 FALL ,Medical Fall 4 2000 LIMITS 4 1999 FIGHT 2 2000 (LITTER 1 1999 FOLLOW I Follow up 1 2000 I LOCK 1 5 1 I 1999 I FW I Fire Works 2 2000 MAP Mutual Aid 3 1999 I GASO I Natural Gas Odor 1 2000 MISPER 1 1999 I GRASS !Grass Fire 1 2000 MOTOR 1 3 1999 HARASS Harassment _ 3 2000 MUSIC I 1 1999 HEART Medical Heart Problem 3 2000 NARC 1 1 1999 HELP Help U/K 3 2000 (NEIGH I 2 1999 HOUSE House Fire 1 2000 !NOPAY 1 1999 ILL Medical Illness 3 2000 1NOTIFY 1 1999 INFO Misc Information 21 2000 IP1 1 1999 JUVE Juvenile Problem 18 2000 IP3 4 1999 LIMITS Game Limits 1 2000 PAIN 2 1999 LITTER 2 2000 PARK 19 1999 LOCK Lock out 3 2000 PARTY I 3 1999 MISPER IMissing Person 3 2000 PATROL I 2 1999 MOTOR Assist a motorist 1 2000 PD I 27 1999 MUSIC Loud Music 7 2000 PD4 1 1999 NEIGH Neighbor Problem 1 2000 PI 10 1999 NOTIFY Death Notification 2 2000 P14 ; 3 1999 OD Drug Overdose _ I 1 2000 PROP 5 1999 P1 _ 1 2000 REFER 2 1999 P3 3 2000 REPO Reposetion 1 1999 PAIN Medical-- Pain 2 2000 ROAD 6 1999 PARK Parking Complaint 13 2000 SAFETY ! 5 1999 PARTY Loud Party 4 2000 SEIZ 3 1999 PD Accident- no injuries 15 2000 SEX4 Sex Crime Report 1 1999 PD4 Accident Report 2 2000 SHOTS 2 1999 PERMIT 1 2000 SIGN 1 2 1999 PI Accident w/injuries 5 2000 SMOKE 1 1999 PKPERM Parking Permission 2 2000 SNOW 2 1999 PRACTI 1 2000 SPOT 16 1999 PROP lost/found property 4 2000 ISS 3 1999 PROWL Prowler 2 2000 'STALL 45 1999 RECOV 'Recovered Vehicle 1 2000 SUICID 2 1999 REFER Reference Elsewhere 1 2000 SUSP I 20 1999 ROAD Road Debris 8 2000 SYSTEM Dispatch Down 1 1999 RUN Runaway 2 2000 TENANT Landlord/Tenant 1 1999 SAFETY Safety Check 4 2000 TESTP I 1 1999 SEIZ Medical Seizure 1 2000 1THEFT4 16 1999 SHOTS Shots Heard 3 2000 ITRAF 42 1999 SIGN Traffic Sigh problem 6 2000 ITRAFW 11 1999 SMOKE Smoke seen or smelled 5 2000 TRES 1 1999 SPILL 1 2000 TRS 1 328 1999 SPOT Random Check 20 2000 TRUCK 3 1999 SS Suspect Stop 1 2000 UNCON 2 1999 STALL Car Stalled 51 2000 UTIL 20 1999 SUICID Suicide 3 2000 IVAND ! 2 1999 SUSP Sus Act 27 2000 VAND4 1 3 1999 THEFT Theft in progress 1 2000 1 WATER 4 1999 THEFT4 Theft Report 16 2000 !WEAPON !Weapon Complaint 1 1999 THREAT 5 2000 1 WELFAR 7 1999 ITRAF Traffic Compliant 34 2000 I Total 1117 2 '31.1 � .... ,,.• .•y •„ - .., ., r,-a:: x,",� .....r,,..r�...eihi, r//i„5. � s...,, a> ,+, ir. ...ckkg.. 1999 TRAFW Traffic Comp Water 23 1999 ''TRANS Transport 4 1999 '',TRES Trespassing 3 1999 !TRF 6 1999 TRS Traffic Stop 415 1999 (TRUCK Truck Weight 2 j 1999 UNCON Medical --Uncon 1 1999 UNWANT Unwanted Person 1 1999 !UTIL Utility Check 8 1999 1 VAN D4 Vandalism Report 3 1999 !WATER Water Incident 4 1999 WELFAR Welfare Check 6 1999 Total 1294 , . 3 1 ::..,ae-0,1-0 44 ,,,,. -,.•,,,.-tio,,,ki-„,-,4,-*.w,,, 4,-,%iis,,,,,,,,,ag,rcet,y04,;,,,;.i .'.',g- -,444y,p,„-,'-ak -4-:4.e .:':iF io,-4 2001 911 31 2002I 911 18 2003 911 22 2001 ACC 1 12 2002 i ACC 9 20031 ACC 14 2001 ALMAPT 2 2002 ALMBUS 1 20031ALLERG 1 2001 ALMBUS 2 2002 ALMCO 1 2003 ALMCO 1 2001 IALMCOE 1 2002 ALME 1 2003 ALME 2 2001 1ALME I 3 2002 ALMHSE 29 2003 ALMHSE 30 2001 ALMHSE 1 1 25 2002 ALMP 132 20031ALMP 169 2001 ALMHU 1 2002IANIMAL 70 20031ANIMAL 51 2001 ALMP 144 2002 I ASSA4 1 20031 ASSA4 1 2001 ANIMAL 42 2002 ASTPOL 16 2003 ASTPOL 6 2001 ASSA4 2 20021 BLEED 1 2003 BLEED 2 2001 ASTMIS 6 2002 BOAT 1 2003 BREATH 5 2001 ASTPOL 2 2002 BONE 2 2003 BURG 5 2001 BLEED 4 2002 BREATH 4 20031 BURG4 6 2001 BREATH 4 2002 BURG 3 20031BWI 2 2001 BURG , 2 2002 BURG4 2 2003 CALL 26 2001 I BURG4 I 4 2002 I CALL 13 2003 CAR 1 2001 I BWI 1 2002 I CAR 4 2003 CARA 3 2001 CALL 20 2002 I CARA 1 2003 CART 1 2001 CAR ! 3 2002 j CARI 1 2003 CHECK 1 2001 CARA 4 2002 CART4 4 2003 CKBURN 4 2001 CART 1 2002%CHECK 1 2003I DAMAG4 6 2001 CIVIL 2 20021CHIM 1 2003IDAMAGE 6 2001 DAMAG4 10 20021 CIVIL 1 2003 DEER 13 2001 DEER 15 2002I CKBURN 2 2003I DIABET 1 2001 DIABET 2 2002I DAC 1 20031 DISTUR 4 2001 DISTUR 7 20021 DAMAG4 21 20031 DITCH 11 2001 DITCH 8 20021DAMAGE 1 2003 DIZZY 1 2001 DOMEST 5 2002 DEER 15 2003 DOA 1 2001 DWI 34 2002 DISTUR 2 2003 DOMEST 2 2001 ELEC 1 2002 DITCH 7 2003 DOOR 1 2001 EVICT Eviction 1 2002 DIZZY 4 2003 DRILL 1 2001 1F1 2 2002 DK 1 2003 DWI 42 2001 FALL 3 2002 DOMES4 2 2003 E1 1 2001 FIGHT 2 20021DOMEST 1 5 2003 FALL 1 2001 FOLLOW 2 2002I DOOR 2 2003 FIGHT 1 2001 FORGE4 Forgery Report 1 20021 DRILL 1 2003 FOLLOW 2 2001 FW 3 2002 DWI 35 2003 FW 6 2001 GRASS 2 20021.ESCORT I 1 2003 GASO 2 2001 HARASS 1 2002 Fl 1 2003 GRASS 1 2001 !HAZMAT 1 2002 FALL 7 2003 HARASS 2 2001 HEAD 3 2002 FOLLOW 2 2003 HEAD 1 2001 HEART 3 2002 FOOT 1 2003 HEART 2 2001 HELP 2 2002 FW 1 2003 HELP 1 2001 ILL 5 2002 GASO 2 2003 HUNT 1 2001 INFO 18 2002 GRASS 1 2003 ILL 3 2001 JUVE 24 2002 HARASS 5 2003 INFO 17 2001 LITTER 4 2002 HEART 2 2003 JUVE 17 2001 LOCK 4 2002 HELP 1 2003 LITTER 1 2001 MENTAL 1 2002 HOUSE 1 20031 LOCK 2 2001 I MISPER 1 2002 HUNT 1 2003IMAP 2 4 i/ Nu i y,, _may �s4r : iM ;1ci, 2001 MUSIC 52002'ILL 1 3 20031 MISPER 1 2001 (NEIGH 1 2002 INFO 20 2003!MOTOR 1 2001 1P1 1 2 2002JUVE 18 20031MUSIC 2 2001 I PAIN I 2 20021 LIMITS 1 2003 P1 1 2001 PARK I 11 2002 LITTER 2 2003I PAIN 3 2001 PD 25 2002 LOCK 1 1 20031 PARK 13 2001 1 PD4 6 20021 MAP 2 2003!PARTY 2 2001 PERMIT 1 2002 MOTOR 1 20031 PD 27 2001 I PI 9 20021 MUSIC 3 20031 PD4 2 2001 PRACTI 1 20021 NEIGH 2 2003 PI 6 2001 PROP 2 20021 P1 3 20031 PKPERM 1 2001 PROWL 1 2002 I P3 1 1 1 20031 PROP 1 2 2001 1 REPO 1 2002 PAIN 4 2003I PROWL 3 2001 I ROAD 17 2002 PARK 14 1 2003'REFER 1 1 2001 I SAFETY 2 2002 I PARTY 1 2003 ROAD 19 2001 SERVE 3 20021 PD I 23 20031 SAFETY 11 2001 SLUMP 3 20021 PD4 , 10 20031 SEIZ 2 2001 SMOKE 5 2002 PI I 6 2003 SEX 1 2001 SPOT I 59 2002 PKPERM I 2 20031 SHOTS 4 2001 ;STALL I 36 2002 PROP I 7 2003 SIGN 2 2001 I STROKE I, 1 2002 ROAD ' 18 2003 SMOKE 1 2001 1SUSP I 33 2002'ISAFETY I 4 2003 SPOT 144 2001 I TENANT I 1 2002 SEIZ 1 2003 SS 1 2001 'ITHEFA4 1 1 2002 SERVE 2 2003 STALL 32 2001 'THEFT 2 2002 SHOTS 4 2003ISTROKE 1 2001 THEFT4 ' 6 2002ISIGN 1 2003 SUICID 1 2001 THREAT 1 2002 SLUMP 1 2003 SUSP 26 2001 TRAF 44 2002 SMOKE 2 2003 TESTP 1 2001 TRAFW 12 2002!SNOW 2 2003 THEFA4 2 2001 TREE 1 2002:SOUND 1 2003 THEFT4 I 9 2001 TRES 2 20021SPOT 168 2003 THREAT 1 3 2001 !TRF 1 2002 I STALL 30 2003 TRAF 34 2001 1TRS 1280 2002ISTROKE 1 2003 TRAFW 5 2001 TRUCK 1 2002!SUICID 1 2003 TRF 1 2001 'UNCON 2 2002:SUSP 32 2003 TRS I 416 2001 !UNWANT 2 2002 THEFA4 9 2003 UNWANT I 2 2001 I UTIL 20 2002 THEFT 2 2003 UTIL 12 2001 VAND4 2 2002 THEFT4 10 2003 VAND4 2 2001 WATER I 2 2002 THREAT 2 2003IWATER 10 2001 WELFAR 1 7 2002ITRAF 42 2003IWELFAR 8 2001 WT I 6 2002ITRAFW 10 2003 WIREA 2 2001 Total 1102 2002'ITREE 2 2003 Total 1312 2002'TRES 2 2002'TRF 1 2002 TRS 367 2002 UNCON 2 2002 UTIL 1 15 ' 20021VAND4 6 I 2002'WATER 4 2002 WELFAR 8 2002 WIREA 1 5 14flII4UI±11bI -a - iii.�,... ... ,' .�s.�m:�.� .ca.: ? ., ; 2002 WIRED 1 1 2002 WT 5 1 2002 Total 1323 II II � II i I I i I � II i I II I I I 6 yeat I n s.�:g e'' i �a DF ", s i V ` us d 2004I 911 :. 17 20051 911 , 15 2006 I 911 31 2007 911 15 20041ABUSE 2 20051ACC 1 8 2006'IABUSE 1 2007 9111 3 2004'1ACC 1 8 20051ALLERG 2 2006 ACC 9 2007 ACC 8 20041ALLERG 1 1 20051ALMBUS 2 2006:ALLERG 2 2007;ALLERG 2 20041ALME 3 2005 ALMCO 2 2006 ALMBUS 1 20071ALME 1 20041ALMHSE 36 20051ALME : 5 2006,ALME 5 2007 1ALMFAL 1 20041ALMP 1 139 2005 ALMHSE 35 2006 ALMHSE 35 2007'1ALMHSE 13 20041AMPUTA 1 1 2005 ALMP 147 2006�,ALMHU 2 20071ALMHSE 1 20 20041ANIMAL 1 59 2005 ANIMAL 1 68 2006;ALMP 141 2007;ALMHU 1 1 20041APPL 12 20051ASSA 1 1 2006!ANIMAL 71 2007iALMHU I 1 2004 i ASTPOL 12 2005 ASTPOL 25 2006.ASSA 1 2007IALMP 94 2004 IATL 1 2005 ATL I 3 2006 IASTPOL 15 20071ALMP 20 20041BLEED 1 2 2005 BOAT 2 20061ATL 1 1 2007IALMSCH 1 20041 BONE I 1 200511 BONE 1 20061 BLEED 3 20071AMPUTA 1 2004 BREATH 2 2005I BURG4 4 20061 BONE 1 2007 ANIMAL 49 2004 BURG 2 _20051 BWI 1 1 2006 BREATH 1 3 2007 ANIMAL 1 12 2004 BURG4 ' 3 2005 CALL 21 2006IBURG4 I 2 20071ASSA4 3 20041 CALL 22 2005 CAR 1 2006 I CALL 26 20071 ASTFI R 1 2004 1CAR 7 2005 CARA 1 3 20061 CARA I 1 2007 ASTPOL 9 2004 I CARA 2 2005 CHASE 1 2 20061 CHOKE 2 20071 ASTPOL 2 2004ICHIM 1 20051CHIM 1 2006 CIVIL 1 1 2007 ATL 4 20041CHOKE 2 20051CHOKE 3 2006 DAMAG4 2 2007 BLEED 2 20041CIVIL 2 2005 CIVIL ' 2 2006 DEER 14 2007 BONE 2 2004'CKBURN 1 2005 CKBURN 3 20061 DISTUR 3 2007 BONE 2 2004 DAMAG4 3 2005 DAMAG4 7 20061 DITCH 15 20071 BREATH 1 2004 DEER 21 20051 DAMAGE I 1 2006 DOA 3 2007I BURG 4 2004 DIABET 2 2005!DEER 17 2006 DOCDEL 1 20071CALL 21 2004IDISTUR 1 2005 DIABET 1 1 2006 DOMEST 3 2007 CALL 2 2004 I DITCH 9 2005 DISTUR 5 2006I DOOR 1 2 2007 CARA 2 20041 DIZZY 1 2 2005 DITCH 18 2006 1 DRILL I 2 2007 CART4 1 1 20041 DK 1 2005 DK 2 20061 DWI I 2 2007 CART4 1 20041DOA 1 2005 DOMES4 1 20061ELEC I 1 2007 CHECK 3 2004 DOMEST 5 2005 DOMEST 2 2006 EVICT 1 2007 CIVIL 5 2004 DOOR 1 1 20051 DOOR 4 2006 FALL 1 2 2007 CKBURN 7 2004 DWI 36 20051 DRILL 1 2006 FOLLOW 6 2007 1 CKBURN 1 2004 ESCORT 1 20051 DWI ' 5 2006 FOOT 1 20071 COMREL 2 2004 Fl 1 2005 ESCORT 1 2006I FW 3 2007 DAMAG4 5 20041 FALL 1 3 2005 FALL 1 20061 HARASS I 4 2007 DEER 7 2004I FIGHT 1 20051 FIGHT 1 1 2006 HEAD 1 1 2007 DEER 1 2004 FOLLOW II 1 20051 FOLLOW I 6 2006 HEART 5 20071 DIABET 2 2004 FORGE4 1 2005 FOOT 2 2006 HELP 2 2007IDIABET 3 2004 FW 2 2005 FW 2 2006;HUNT 1 20071DISTUR 4 2004 GRASS 1 1 2005 GRASS 2 20061ILL 2 2007 DITCH I 7 20041 HARASS 1 2005 HARASS ! 2 2006'INFO 16 2007 DITCH 1 7 20041 HEAD I 1 2005'HEART 2 20061 JUVE 10 2007 DK 7 2004 HEART 1 2005 HOUSE 1 2006 MAP 1 2007 j DOMEST 3 2004 HELP 1 20051 HRS 1 2006 1 MISPER 1 1 2007 DOOR 3 2004 HOUSE 1 2 20051ILL I 4 2006 NEIGH ' 1 2007 DOWN 1 1 2004 ILL 1 1 2005INFO 1 11 2006 OD ' 1 2007 El 1 20041 INFO , 18 20051 JUVE 2 2006 P3 2 20071 E3 2 2004,JUVE 13 2005 LOCK 3 20061 PAIN 7 20071 ELEC 1 2 7 f�wc /fir .; r , -,,, 44 , ,� / / � \ ,, `tea �Atitr.� �„�,�elx Yz:s < .:-k_ ,z i v.�i iii, x;�r„ r%//�i,' ✓ rh A ram/ .z,.�.� 2004 LIMITS 1 2005 MISPER 1 20061 PARK 9 2007 FALL 2 2004 LOCK 1 2005,MUSIC 1 2006 PD 1 17 2007 FALL 2 2004'MENTAL 1 1 20051NEIGH 2 2006 PD4 3 2007 FIGHT 2 2004 MISPER 1 20051NOTIFY , 2 2006 PI 1 4 2007 FOLLOW 2 2004 MOTOR 3 2005 ORDER 2 2006 PRACTI 1 2007 FOOT 1 2004 NARC 1 2005 PAIN 3 2006 PROP 4 2007 FORGE4 3 2004 NEIGH I 1 2005 PARK 9 20061PROWL 1 2007 GASO 1 2004 NOTIFY I 1 2005!PARTY 2 2006 REFER 2 2007 1 GASO 4 2004 OB I 2 20051 PD 31 2006 ROAD 17 20071 HARASS 3 2004 PAIN I 2 2005 PI 6 2006 SAFETY 5 2007 HARASS 1 2004 jI PARK 9 2005 PI4 I 1 2006 SERVE 2 2007 HEART 2 2004 PARTY , 1 2005 PKPERM 2 2006 SHOTS 1 1 2007 HELP 2 2004 PATROL 1 2005 POISON 1 2006;SMOKE 5 2007 HOUSE 1 20041 PD 25 2005 PROP 1 3 2006 SPOT 112 2007 HOUSE 2 2004 PD4 2 2005 ROAD 9 2006 STALL 1 40 2007 ILL 2 2004 PI 2 2005,SAFETY 10 2006 SUSP j 41 2007 INFO 6 20041 POISON 1 2005!SERVE 8 2006 i TESTP I 1 2007!INFO 2 20041PROP 3 20051SEX I 1 2006ITHEFA4 1 2007'JUVE ; 2 2004 RESCUE 1 2005 SHOTS 1 2006'THEFT 1 2007 MAP 2 2004 ROAD 5 2005 SIGN 1 2006'LTHEFT4 6 2007 MEET 2 2004 RUN 1 2005 SLUMP 1 2006 THREAT 2 2007 MISPER 1 20041SAFETY 4 2005 SMOKE 1 2006 TRAF 80 2007 MOTOR 2 2004 SERVE 2 2005 SNOW 1 2006 TRAFW 1 2007IMUSIC 3 200411SEX 1 2005 SPOT 103 2006 TRAIN 1 20071MUSIC ! 1 I 2004 SHOTS 2 2005;SS 2 2006 TRANS 1 2007 NARC 1 2004 SLUMP 1 20051STALL 30 2006 TREE 2 2007 NEIGH 1 2004 SMOKE 1 20051STROKE 1 1 2006 TRES 7 2007 NEIGH 1 2004 SPOT 185 2005 SUICID ' 1 -20061TRF 1 2007 NOTIFY 1 2004ISTALL 33 2005 SUSP 19 2006TRS 479 2007 ORDER 1 2004 SUICID 3 2005 THEFT 2 2006 UNCON 4 2007 P1 3 2004 SUSP 25 2005 THEFT4 5 2006 UNWANT 4 2007 P3 1 2004'SYSTEM 2 2005'THREAT 3 2006 UTIL 6 2007 PAIN 4 2004 THEFA4 3 2005 TRAF 93 2006 WATER 1 2007 PARK 12 2004 THEFT4 4 2005 TRAFW 6 2006!WELFAR 10 2007 PARTY 3 2004 THREAT 3 2005 TRANS 2 2006 WIRED 1 2007 PATROL 10 2004':TRAF 43 2005 TREE 2 2006 WT 4 2007 PD 24 2004 TRAFW j 5 2005:TRES I 2 2006 Total 1346 2007 PD 3 2004 TRANS 2 2005!TRS 1 479 2007 PD4 1 2004 TRES 4 20051TRUCK I 1 2007 PI 4 2004 TRS 400 2005 UNWANT 2 2007 PRACTI 2 20041 UNCON 1 2005 UTIL 14 2007 PROP 5 2004IUTIL 14 2005 VAND 1 2007 PROP 2 2004 VAND4 2 2005 VAND4 4 2007 ROAD 11 2004 WELFAR 4 2005 WATER 5 2007 ROAD 1 2004 WIREA 1 20051WELFAR 8 2007 RUN 1 2004 WT 5 20051WIRED 1 1 , 2007 SAFETY 10 2004 Total 1264 2005'WT 8 2007 SHOTS 1 1 20051Total ' 1355 2007 SLUMP 2 2007 SNOW 1 1 2007 SPOT 61 2007:SPOT 16 8 ORONO POLICE DEPARTMENT DATE: FEBRUARY 23, 2010 TO: MELANIE CURTIS FROM: SCOTT BORIS RE: EMILY PROGRAM I have looked over the Chaska Police Reports and I was surprised to see there were so few calls associated with their program. It looks like it has a frequency of about one call every six weeks. In my opinion this is extremely low. I looked over the call descriptions and picked out the ones that I believe actually require law enforcement specific attention. Meaning,you really need a police officer to handle or assist with the call. There were only 16 such calls again an extremely low frequency. I did not include the suspicious person calls and such since it looks like the calls never amounted to anything. If the Orono program would be like the Chaska program I believe its impact on the police department would be minimal to on-excitant. The extremely low number of calls shows me this is a well run progr:m suitable for a residential area. - Chaska Police Depart ent ' incident Date Reported<=0 /18/10 And Scene House Number 112067 And Scene House Number 112068 And Scene Street=Stone C eek Dr And Incident NCIC=MN01 0200 Location Report Printed On: Thu, Feb 18, 2010 Address: Location: Place Committed: Street: Stone Creek Dr Nb.Low: 112067 Suffix: Nb.High: Unit Nbr/Type: City: Chaska State: MN Zip Code: 5"c 18 Intersection: Date Reported Case Number Offense Code Literal 12/17/2000 2000013658 9881 Vehicle/Residence Loc out 12/21/2000 2000013812 9730 Sick&Injured Person All.Others 01/03/2001 2001000108 9730 Sick&Injured Person All Others 02/20/2001 2001001832 9730 Sick&Injured Persons All Others 04/03/2001 2001003226 9730 Sick&Injured Persons/All Others 04/08/2001 2001003385 9730 Sick&Injured Pcrsons'All Others 09/25/2001 2001010026 9730 Sick&Injured Persons/All Others 710/07/2003 2003012299 9711 SUICIDE THREATENED/NO ACTUAL-ATTEMPT 12/31/2003 2003015880 9807 Prowler Complaint - 03/30/2004 2004004205 9808 Complaints RE:Juveniles 04/23/2004 2004005170 9301 Persons Lost 06/19/2004 2004007920 9730 Sick&Injured Persons/All Others 08/18/2004 2004010823 9802 Public Assists 09/04/2004 2004011669 9800 MISC.Incidents,all others 09/30/2004 2004013050 9740 Mental Health Concern 10/06/2004 2004013401 9800 MISC.Incidents,all of ers 11/15/2004 2004015204 9866 Info Report 02/14/2005 2005001891 9730 Sick&Injured Persons All Others 04/06/2005 2005004104 9810 Suspicion by Public(v hide,person,etc) 04/26/2005 2005004984 9730 Sick&Injured Persons/All Others 06/22/2005 2005007940 9810 Suspicion by Public(vehicle,person,etc) 09/11/2005 2005011851 9301 Persons Lost 10/08/2005 2005013120 9731 Medical-Heart Attacks 10/09/2005 2005013158 9731 Medical-Heart Attacks 11/02/2005 2005014242 9730 Sick&Injured Persons/All Others 12/25/2005 2005016447 9730 Sick&Injured Personsj/All Others 12/27/2005 2005016518 9730 Sick&Injured Persons/All) Others 01/20/2006 2006000944 9711 SUICIDE THREATENED/.NO ACTUAL ATTEMPT 02/22/2006 2006002375 9740 Mental Health Concern 02/22/2006 2006002375 9909 Emergency Committm4nt,Officer Initiated 03/19/2006 2006003433 9810 Suspicion by Public(vehicle,person,etc) 09/23/2006 2006011813 9730 Sick&Injured Persons/All Others 10/13/2006 2006012620 9740 Mental Health Concern Licensed to Chaska Police Department Page 1 of 3 • Chaska Police Department Location Report Printed On: Thu, Feb 18, 2010 02/12/2007 2007001519 9711 SUICIDE THREATENED/NO ACTUAL ATTEMPT 06/03/2007 2007005824 9810 Suspicion by Public(vehicle,person,etc) 06/11/2007 2007006222 9800 MISC.Incidents,all others 07/26/2007 2007008221 9730 Sick&Injured Persons/All Others 07/27/2007 2007008268 9800 MISC. Incidents,all others 08/01/2007 2007008466 9301 Persons Lost 08/02/2007 2007008525 9800 MISC.Incidents,all others 09/15/2007 2007010366 9812 Unknown 911 Calls 10/01/2007 2007011077 9711 SUICIDE THREATENED/NO ACTUAL ATTEMPT 57'c th0tL kt" 10/01/2007 2007011077 9909 Emergency Committnhent,Officer Initiated 10/31/2007 2007012396 9740 Mental Health Concern 10/31/2007 2007012396 9909 Emergency Committ ent,Officer Initiated 10/31/2007 2007012396 9967 Subject Resistance R art 11/18/2007 2007013124 9301 Persons Lost 11/21/2007 2007013239 9301 Persons Lost 01/18/2008 2008000661 9740 Mental Health Concern 06/06/2008 2008006229 9800 MISC.Incidents,all others (06/16/2008 2008006716 9711 SUICIDE THREATENED/NO ACTUAL ATTEMPT S`"r"“... ,EKctticv.t- 06/16/2008 2008006716 9909 Emergency Committment,Officer Initiated 07/07/2008 2008007620 9740 Mental Health Concern 07/07/2008 2008007620 9909 Emergency CommittnDent,Officer Initiated 08/07/2008 2008008896 9740 Mental Health Concerin 08/18/2008 2008009334 9301 Persons Lost 09/01/2008 2008009854 9301 Persons Lost 09/01/2008 2008009855 9730 Sick&Injured Persons/All Others 09/01/2008 2008009861 9730 Sick&Injured Persons/All Others 09/07/2008 2008010095 9301 Persons Lost 09/18/2008 2008010481 9301 Persons Lost 09/19/2008 2008010525 9301 Persons Lost 09/24/2008 2008010733 9301 Persons Lost 09/24/2008 2008010737 9730 Sick&Injured Persons/All Others 12/06/2008 2008013511 9730 Sick&Injured Person)/All Others 12/07/2008 2008013542 9730 Sick&Injured Person /All Others 12/13/2008 2008013788 9895 Carbon Monoxide Alarm 01/16/2009 2009000555 9810 Suspicion by Public(vehicle,person,etc) 02/03/2009 2009001256 9711 SUICIDE THREATENED/NO ACTUAL ATTEMPT S'--,w .D' "l s't- 02/03/2009 2009001256 9909 Emergency Corn nittn4ent,Officer Initiated 06/16/2009 2009006023 9881 Vehicle/Residence Lot;kout 06/18/2009 2009006099 9730 Sick&Injured Personk/All Others 06/28/2009 2009006469 9301 Persons Lost 12/03/2009 2009012166 9860 Dog At Large 12/03/2009 2009012166 9863 Animal Impound 12/11/2009 2009012440 9730 Sick&Injured Persons/All Others Licensed to Chaska Police Department Page 2 of 3 r Chaska Police Department Location Report Printed On: Thu, Feb 18, 2010 12/11/2009 2009012458 9731 Medical-Heart Attacks Total: 77 Address: Location: Place Committed: Street: Stone Creek Dr Nb.Low.' 112068 Suffix: Nb.High: Unit Nbr/Type: City: Chaska State: MN Zip Code: 55318 Intersection: Date Reported Case Number Offense Code Literal 03/01/2001 2001002150 9730 Sick&Injured Person /All Others 04/09/2001 2001003399 9720 SUDDEN DEATHS ODIES FOUND,NOT SUICIDES 04/09/2001 2001003399 9730 Sick&Injured Person /All Others 06/04/2001 2001005481 9440 Property Damage Acc dents 09/04/2001 2001009209 9730 Sick&Injured Person /All Others 09/24/2001 2001010007 9730 Sick&Injured Persons/A11 Others 0/15/2003 2003012684 9813 Welfare Check 02/02/2007 2007001180 9895 Carbon Monoxide Ala,ui Total: 8 Offenses Grand Total: 85 Location Grand Total: 2 Licensed to Chaska Police D-partment Page 3 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 22, 2010 7:00 o'clock p.m. 4. #10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE—CONDITIONAL USE PERMIT AND GARAGE CONSTRUCTION Dirk Miller,Applicant,was present. Curtis noted this application was tabled from the February 8th City Council meeting to allow the applicant time to hold a meeting for the neighborhood to have their questions and concerns addressed as well as to give Council and Staff time to review the entire application, including the construction of the garage. Curtis stated the applicant is requesting conditional use perntiit approval in order to operate a 10-bed, inpatient residential eating disorder treatment facility with limited ou:patient services within the existing building on the property, formerly the Hill School. The applicant intends to maintain as much of a residential character of the property as possible by limiting signage and changes to the exterior finishes of the building which are not consistent with a single-family home. A detached garage is also part of this application. Due to the location of the existing building and the proposed detached garage on the property, setback variances are also requested. The detached garage will also require a structural coverage variance to allow 17 percent structural coverage where 15 percent is allowed and 14.7 percent currently exists. On February 17th,the applicant held an informative meeting for the neighborhood. At this meeting the neighborhood was able to ask questions about the applicant's facility, day-to-day operation, and other issues of concern. Planning Staff and the City Attorney have been working with the applicant on developing conditions of approval for this proposed use. The following are some draft conditions: 1. There shall be a maximum of 10 patients at any given time served on an inpatient basis. 2. Interior modifications and limited exterior modifications are permitted which will maintain the local historical value. 3. The 616 square foot detached garage will house a van and garden equipment and shall be architecturally similar to the Hill School building. 4. The proposed 10-bed inpatient residential eating disorder treatment facility shall not be a lock-down facility. Patients may leave the building at will upon.notification of stuff. 5. There shall be no use of restraints in this facility. 6. There shall be no biohazard or medical waste generated at this facility. 7. The outpatient services available at this facility shall be limited to weekdays between the hours of 8 a.m. and 7 p.m. 8. All staff parking shall be within the property's existing parking lot. 9. Establish a shared parking agreement with the Minnetonka Art Center to avoid the need for parking on local streets. --. page 3 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 22,2010 7:00 o'clock p.m. (4. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) neighborhood meeting to explain who we are. The residents were invited to tour the facilities. The Emily Program is also willing to bring clients to the meeting if the City Council would deem that appropriate. Dr. Miller stated they are running a transparent operation and are not attempting to hide anything. Dr.Miller commented that he feels there is a silent majority in this community that is supportive of this program, and that he would encourage the City Council to be supportive of this program as well. Dr. Miller stated he believes The Emily Program can hold up their end of the bargain and that this location will be a wonderful spot. As it relates to property valuations, at their site in St. Anthony Park,there were two properties directly adjacent to that facility that had been on the market and sold within a week. The two properties located across the street from the Hill School have been on the market for three months and have not sold. Dr.Miller stated if there are property valuation problems in this neighborhood,they are not the responsibility of The Emily Program and that they will properly maintain their facility. Dr. Miller stated he will attempt to address any issues that come up tonight. Acting Mayor Murphy asked whether any of the residents have visited one of the Emily Program facilities. Murphy noted that two residents out of approximately 40 members of the audience have. Acting Mayor Murphy opened the public hearing at 7:23 p.m. Michael LaQuey, P.O. Box 94, Crystal Bay,noted he worked at the Mayo Clinic for six years,not in the capacity of an administrator or as a provider,but commented that when you work at a medical facility,you do pick up some general knowledge of hospitals and clinics. LaQuey stated in his opinion there will be medical waste generated at this facility. LaQuey stated issue number two relates to additional safety considerations. LaQuey requested the opportunity to see a detailed construction material schedule, with prior permits validated against that schedule. LaQuey indicated he also has some questions about the elevator and that he does not feel it is big enough to fit a gurney with two people. In addition, there is an increased risk of fire because hospitals in general have an increased risk;there is an increased risk of fire because it is a wood structure; and there is an increased risk of fire in the fact that the patients will be doing their own laundry and the fact that there will be a kitchen at this location. LaQuey stated in his opinion there will be increased traffic at this location. If there are two psychologists and one psychiatrist at this facility seeing outpatients at one hour intervals,that will generate 21 outpatient visits a day,which will result in increased traffic under this proposal. LaQuey proposed that the City Council impose a moratorium on any increased traffic in this area of Orono because the roads are inadequate for the current traffic levels. LaQuey stated he has been familiar with this area since 1965 and has observed the traffic patterns in this area. LaQuey stated in his opinion there will not be significant benefit to the community from The Emily Program. The neighbors have asked the applicant what the patient demographics will be. The majority of the patients will be people from outside Orono and from such communities as North and South Minneapolis, Minnetonka Beach, Edina, Plymouth. LaQuey stated he would propose that if the current CUP is not used for a school and if there is no intention for there to be a school at this location, as well as the fact that there are some nonconforming issues with the Page 5 of 191 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 22,2010 7:00 o'clock p.m. (4. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) And most importantly, draft condition number ten in the request for council action may not be enforceable. This condition appears to limit the property's future use to the Emily Program by requiring the applicant to `withdraw the conditional use permit if the property is ever sold or transferred to another owner.' However, this condition may not be enforceable under State of Minnesota law. Where others have tried, everyone has lost. So in other words, these are permanent rights granted to the property,not the tenant,with no future approval required for other medical uses. For these reasons,we strongly believe that Emily's Program has no place at the Hill School location and that their request for a conditional use permit should be unequivocally denied." Mattick stated generally what is being discussed as it relates to the CUPs is that you are not allowed to put in a sunset provision. Mattick stated he believes that it is a true statement that a sunset provision is unenforceable. Minnesota Statutes allow a City to limit the time frame on a conditional use permit through the use of an interim use permit, which would be the best option. Orono does not currently have that in their City Code, so it is not an option at this time. Mattick noted The Emily Program has stated as part of the CUP process that they would sign off on the sunset provision. The applicant could agree to withdraw the CUP,but Mattick indicated that has not been tested to his knowledge in the courts. If the City is going to limit the time on a use,the preferable way would be to do it in the form of an interim use permit. Bremer asked what is preventing the City of Orono from changing their code to allow interim use permits. Mattick stated the City Council would need to go through the normal zoning ordinance process, which would require a public hearing and a review by the Planning Commission. Steinhafel indicated that some of the land use individuals that he has spoken to agree to the point that the CUP goes with the land, and if you want the CUP to be withdrawn or expire at some point, you have to change the code in order to make it iron clad. The way the code stands today, an applicant cannot just withdraw it. The concern of the neighbors is the fact that the CUP would stay with the property. Aaron Printup, 2195 Prospect Avenue, stated he has lived in this area for 33 years and that he looks at the Hill School property every day. Printup stated he is a fiercely loyal person to his community but he is opposed to the Hill School becoming a treatment and rehab facility to treat the deadly mental illness of eating disorders. The neighbors have been led to believe that people suffering from eating disorders are nonviolent. In addition, they have been told there will be court orders for some. People with eating disorders are mentally ill and do need help. That help would be better received closer to a hospital or in a hospital. Printup indicated that in his experience people who are unde-court order tend to be defensive,make poor choices, and are likely to walk away. Printup stated he does deal with mental health individuals in his line of work and that he does not want people who make those bad choices being in his neighborhood because they could make the choice to harm themselves. Printup indicated he does not want to take a chance of any of them harming his 15 month old daughter or any of his neighbors. Printup encouraged people to imagine selling their home and having it listed as a home in historic Crystal Bay, blocks away from the majestic jewel,Lake Minnetonka, for boating and fishing, take walks on beautiful parks and trails, and home of the historic Hill School, school at the end of the road,new home of the treatment and _- Page 7 of 19 — MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 22,2010 7:00 o'clock p.m. (4. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Maddie indicated he did go to the National Eating Disorders website in an attempt to learn more about this disorder. Maddie stated he would like to take a middle ground on this application and try to figure out what further information is needed in order to determine what is best for The Emily Program, the community, and the residents of this neighborhood. Maddie noted the majority of the local residents oppose the proposed location. Some of the rationale for opposing it include, one, operating a 24/7 facility will change the character and identity of the Crystal Bay neighborhood; two, constant emergency calls at the facility will have an impact on the children's perspective of safety in the neighborhood; and three, in terms of safety and risk concerns,the facility will be a non-locked down facility. Maddie asked if it is feasible to presume that someone with suicidal thoughts who flees the facility will pose a clear and present risk. Murphy noted an addendum to that statement would be, a clear and present risk to whom. Maddie indicated he presumes the person would be a risk to himself. As it relates to traffic and parking, based on the research that he has done, all logical indications point to the fact that it is likely traffic will increase on the weekends,which is when most people will be home. Maddie noted he did speak to some real estate agents who seem to think that property valuations could potentially be negatively impacted but they are unable to quantify that. Maddie stated as it relates to due diligence on complaints against the facility, the residents were told by Dr. Miller that he was aware of no complaints against the building. The neighbors feel that additional objective research should be done. The residents to date have been to.d that it is the City's feeling that this use will result in reduced traffic for the neighborhood and that the City should get behind this program because there is nothing not to like about it. In order to obtain an understanding of where people stand on this application, a straw poll was conducted. The majority of the people in the area are opposed to the proposed location. The French Creek Association does not support the location of the facility. Maddie noted not every resident in this area has been canvassed,but that 76 percent of the immediate residents have been. Of those people, 97 percent of the people are opposed to the location. Maddie commented that the voice of the community is against this location. In terms of the Emily Program itself, Maddie stated in his opinion there is not a person in this room who does not support the program or its charter. The Emily Program has made a positive impact on people's lives and it is an exceptional program, which is not at debate tonight. Maddie stated the question tonight is whether this is the right location for this facility. Maddie displayed an illustration of the Chaska location on the overhead and pointed out that the area consists of a residential area and a mixed use area. In addition, there is a townhouse complex in the area. Murphy noted the facility in Chaska is in the process of closing. Maddie stated the data shows that the program is exceptional. In order to deal with one of the safety and risk concerns raised by the residents,he did look at police records from the Chaska Police Department and the St. Paul Police Department to understand how many calls have been placed to the facilities. The majority of the calls were made to the Chaska facility and a few calls were made to the St. Paul location. There were 12 missing person's reports, 11 death/suicide in progress or attempts, seven mental health concerns, and six -------- _________. —___ ___ Page 9 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 22, 2010 7:00 o'clock p.m. (4. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) nothing to prevent the community from doing something unique and identifying a location where everyone can compromise,which will result in a win/win situation. Oron3 has a lot of open space and there are a number of other lots that can be considered. Maddie stated in his view the community is not saying no to the program but that they feel there is a better location for it. Vicky Nann, 1300 French Creek Drive, indicated she is a li ensed realtor in the State of Minnesota and that she has done some research on what could happen to propery valuations should a psychiatric inpatient facility be opened up in a neighborhood. Nann noted there was not a great deal of quantitative information available, but that she was able to find a study that was done in metropolitan Toronto on property values and mental health facilities. According to the report, it said that the most important influences on sales price are the characteristics of the property itself. In this situation we have a school building that is decades old,which is being proposed to become an inpatient psychiatric facility,which involves a number of different characteristics from that of a school. Nann indicated she would like to echo Maddie's comments on the parking concerns, nighttime lighting, and emergency calls at all hours of the day; all of which is very different from the school. Nann stated she loves the environment of the French Creek neighborhood,the character of the Hill School, and the Minnetonka Art Center. As a realtor, she represents buyers who are looking for a certain quality of life. If this school is transformed into an inpatient psychiatric treatment facility, it would have a negative impact on buyers. At the present time it is difficult to sell a house in the Twin Cities. Average sales prices in the Twin Cities are down 30 percent from the peak in 2006. Nann stated she is convinced that if this building is changed to an inpatient psychiatric facility,the neighbors will be looking at longer times for sales to occur and lower prices. Nann stated she personally is in support of The Emily's program but does not feel a residential area for this use is appropriate. The Retreat in Wayzata is located on a lot in a mixed use area and is tucked back behind a number of trees. The Hazelton in Plymouth is located on 13 acres. This location does not have the appropriate space. There are hundreds of commercial properties that are available currently. Nann indicated she went through the MLS in their commercial property listings and found six sites right in the area that are already zoned commercial. Nann stated she would be happy to provide that information to The Emily Program. One lot is priced at$649,900,which is located on Shoreline Drive and consists of approximately three and a half wooded acres. Nann stated that is just one of potentially dozens of properties in the western Twin Cities area that might be appropriate for this project. Nann indicated she is opposed to the project at this location. Dr. Miller commented that what he is hearing in his view does not reflect support of The Emily Program and that the residents are trying to define it as just the location. In his view the issue is that the residents do not want this in their back yard. After hearing the presentation, , lot of the issues raised were conjecture. Dr. Miller noted the chief of police in Chaska sent a letter to the City addressing some of those issues. The Chaskapolice chief has stated that theyhave received no complaints p s or concerns about their facility and that he feels it has zero negative impact on the neighborhood or community. In addition, the City planner of Chaska has asked The Emily Program to stay in Chaska and to consider other sites within Chaska. Dr. Miller stated The Emily Program is very good at running eating disorder programs and that it is not a psychiatric hospital. There currently is a moratorium on hospital beds in Minnesota and it is practically impossible to get a license for a hospital in this state. Dr. Miller stated there are zero10-bed alcohol treatment programs in the United States and only one sex offender program in Minnesota that is not associated with the ——.�— Page 11 of 19 _..---- -- — — — — MINUTES 0 THE ORONO CITY COUN IL MEETING Monday,Februa y 22,2010 7:00 o'cloc p.m. (4. #10-3442 THE EMILY PROGRAM, 2180 NOR SHORE DRIVE, Continued) Bremer stated the point is that it is not known whether property values will decrease if The Emily Program is located in this neighborhood. Marfield commented that they do not want to take the chan,e of that happening to their valuations. Marfield stated they could go to Billy's Lighthouse or go to the VF in Mound that is currently in foreclosure. There are also two Snyder Drug Stores that are going to be vacant that could be used for this program. Marfield commented that there are a number of failed real estate ven es around the area that could be considered. Dr. Miller noted that this building has the appropriate zonin: and that the owner is willing to sell the property. Sandra Dess, 1260 French Creek Drive,asked if it is also i rational to assume that there will be an increase in traffic and emergency vehicles. Dr. Miller stated it is not irrational. Dess stated to have those types of issues in a residential are. is disruptive to the neighborhood and is not irrational. Dr. Croll stated Dr. Miller is attempting to put some perspe•tive to the issues. In the past four years,there have been 38 calls to their facilities. Some of them have be:n minor and some have been emergencies. That amounts to less than once a month that an emergency vehicl- will need to come to the building. Dess stated to her that is a lot of activity in a quiet residenti.1 area and is an overwhelming concern for the neighbors. Shari Danielson, 1250 French Creek Drive, stated everythin;: she has read about anorexia and bulimia is that it is a mental issue and not a physical issue. Dr. Croll indicated it is both. Danielson stated she did call one of The Emily Program's cl nics and asked what the screening process would be for a patient. Danielson indicated she was told there wou d be a psychiatric evaluation and a drug and alcohol evaluation in that first initial screening. She was tol. that is normal because a lot of these people have drug and alcohol issues in addition to the mental health issue of the eating disorder. Danielson asked if that is their standard protoc ol. ol. Dr. Miller indicated it is. Dr. Croll stated the alcohol and drug screening is a three que.tion questionnaire similar to a questionnaire that you would fill out at the office of your family practitioner. Danielson stated in e-mails she exchanged with Lindsay Bro ' she asked for basic financial information on how viable the program is and was refused that information. Danielson indicated she also asked if they were planning to develop any other clinics and was refused that in ormation as well. In addition,Lindsay Brown was asked if The Emily Program had ever been sued or whet, er The Emily Program has been forced to close a clinic, and she refused to provide that information as well. Page 13 of 1 ----- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 22, 2010 7:00 o'clock p.m. (4. #10-3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued) fellow citizens of Orono so they can have a successful life. Everybody deserves a second chance,which the Emily Program offers. Marfield stated there is not one person in this room that disagrees with that but that they have an issue with the location. Byrnes indicated she is very familiar with this location as her brother lives across the street and she takes classes at the Minnetonka Art Center. Byrnes commented she loves the Orono community and grew up in it. This location is great because it is a residential area. The patients don't want to be put away in some isolated spot. They want to feel at home in a community and neighborhood that surrounds you and supports you. Dean Lundblad, 1290 Arbor Street,noted that several of the neighbors within the 350-foot radius were not notified, so the neighbors have some disgust with the system. Lundblad indicated he had a friend in college that had an eating disorder and that he crossed paths with her recently and she is enjoying a good life. Lundblad indicated he does support the Emily Program but does not want it at this location. Sharon Winslow, 1205 French Creek, stated in her view the comments regarding the traffic and parking issues have been glossed over. hi her opinion the intersection at County Road 15 and 51 is the worst intersection in this area and that this will increase traffic at that intersection. Winslow indicated she is worried about traffic accidents at that intersection. Acting Mayor Murphy commented that whatever happens with this application will not dramatically change the situation at that intersection. Murphy stated when the City Council agreed to the reconfiguration of Hill School for the charter school,they had issues with parking and traffic at that time, and that he does have personal issues concerning that intersection since he was in a collision there. Maddie stated a lot of people have some valid points both far and against this application. Maddie asked whether it would be feasible to enact an ordinance for an interim use period and have a trial for 12 months, followed by another 12 month trial, and then issue a conditional usepermit. Maddie stated in. his view that any relevant concerns could be addressed during that time and that option might offer an opportunity P g pp ty to find compromise on this situation. Dr. Croll commented that there appears to be a real concern on the part of the neighbors that the police and ambulance will be coming to this location all the time but that it will probably only be an average of one time per month. Dr. Croll stated in her view that would not have an enormous impact on the neighborhood and the situation would be similar to a neighbor requiring an ambulance. Acting Mayor Murphy suggested the City Council start discussing the application. Lorraine Kaley, 1395 Brown Road, stated she lives on that corner and would invite people to visit that corner to see what the traffic is like,particularly with people parking to access the trail. Acting Mayor Murphy noted the City Council has discussed those issues with Hennepin County and that a lot of work needs to be done to address that situation. Acting Mayor Murphy closed the public hearing at 8:53 p.m. ___. Page 15 of 19 ----- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 22, 2010 7:00 o'clock p.m. (4. #10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, Continued) Franchot indicated he is in agreement with the comments of Council Member Bremer. Franchot asked whether the applicant is in agreement with the 13 draft conditions contained in Staff's report. Dr. Miller stated he did read one version of the conditions but does not have the final version in front of him. Dr. Miller indicated he did sit in on the discussions with Staff regarding the conditions. Franchot stated if The Emily Program changes dramatically or leaves, the City may have a situation on their hands that they did not expect, which has happened on othe-sites in the City. Franchot noted he does like the IUP concept but that he is not sure how that would affect this application. Franchot stated in his view the concerns of the neighborhood can be addressed in a fair way and that it would be good to have the mayor here as part of the discussion. McMillan thanked the audience members for attending tonight's meeting and doing as much research as they have done. McMillan stated in her view residential treatment programs need to work in a community and they need to be properly situated in a community so the community will embrace it and not feel it is an imposition on them. McMillan indicated she does have concerns that a large number of the residents feel this would be an imposition and that she is very, very cognizant of the residential neighborhood character that the residents would like to preserve. McMillan commented that residential programs can be a win/win situation when they are appropriately located and that she does have some real concerns about the location. McMillan stated in her opinion the Emily Program is a wonderful program. Acting Mayor Murphy shared his experiences with a treatment program 32 years ago and how fortunate he felt that there were people willing to help others overcome their problems. Murphy stated when this process started two weeks ago,he hoped at that time that the residents would become educated on this program and be able to sort out fact from fiction. Murphy stated in his opinion the residents of Orono are attempting to do that but that he does not know whether anybody can answer some of the hypothetical questions that have been raised as part of this process. Murphy noted he did speak with the fire chief in Orono three times regarding this application and that following those conversations he firmly believes this structure will comply with every fire code in the state of Minnesota or it will not be allowed. The fire chief indicated the response time to this location would be less than three minutes, which is one of the better response times in Hennepin County. Murphy stated in his view there are answers for many of the issues raised. Murphy stated in his view the City of Orono does not have much choice but to table this application for the reasons previouslymentioned and concurred that it is important to have the mayor in attendance. Murphy indicated the City of Orono does need additional time to sit down with the applicant and work through many of these issues and attempt to finalize the list of 13 conditions. Murphy stated it would not be fair to the applicant to deny the application tonight without further discussion and that he would like to sit down as a group and try to arrive at some good conclusion. Murphy stated he personally feels The Emily Program at this location would be a wonderful addition to the community and that he does not believe the fears expressed by the neighbors will materialize. Page 17 of 19 ---__.__ CITY OF ORONO ZONING FILE: 10-3442 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: February 17, 2010 TO: Dr. Dirk Miller COPIES: Via email to Lindsay Brown The Emily Program LindsavcTd emilypropram.corn 2265 Como Ave St. Paul, MN 55108 TYPE OF REQUEST: Variances and Conl litional Use Permit - Garage DATE OF MEETING: Tuesday, February 16, 2010 Planning Commission recommended denial of the request as proposed. Additionally, they recommended changes as follows: 1. The garage should be reoriented at 90°from the street and existing building. The doors should either face the street or the existing building. 2. The awkward driveway should be eliminated. Access in and out of the detached garage should be accomplished within the existing driveway/parking lot on the property and not utilize Briar Street. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Council Meeting, February 22, 2010 -- Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning & Zoning Coordinator, Melanie Curtis at 952.249.4627. The Emily program Personalized treatment for eating disorders. Hill School Information Meeting Wednesday, Feb. 17 5 to 7 p.m. Please feel free to ask questions at any time. Meeting Outline 1. Neighbors: The Emily Program's impact a)Jon Schumacher, president of the St. Anthony Park Community Foundation in St. Paul. b) Kitty Westin, Chaska resident, founder of The Anna Westin House and an internationally known advocate for people with eating disorders and their families. 2. Relationships & collaborations in the broader community a) Kevin P. Doyle, vice president, business banker, Marshall & Ilsley Corp., Minneapolis. b)Jillian Croll, PhD, MPH, RD, LD. Jillian, a director at The Emily Program, speaks regularly in schools about eating disorders, body image and related issues. She recently spoke in the Orono School district. 3. A vision for the historic Hill School: Architectural, Interior and Landscape Design a) Architect Tom Betti of 292 Design Group b) Lisa Peck of Lilu Interiors c) Dave Kopfmann of Yardscapes, Inc. d) Review of plans 4. Q& A Main Phone:(651)645 5323 www.en lyprograrn.com Date Application Received: 12/15/09 Date Application Considered as Complete: 12/16/09 120-Day Review Period Expires: 04/15/2010 REQUEST FOR COUNCIL ACTION Date: 17 February 2010 Item No. ,'.-f- Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis Title: Planning & Zonirg Coordinator Item Description: 10-3442, The Emily Program 2180 North Shore Drive -Variances & Conditional Use Permit Zoning District: RR-1 B, One Family Rural Residential, 2-acres/200' width Lot Area: 25,440 s.f. (0.58 acre) Lot Width: 106' List of Exhibits: Exhibit A - Draft Resolution — To be distributed Monday night Exhibit B - Revised Site Plan — Garage reoriented Exhibit C - PC Memo & Exhibits of 02/09/2010 Exhibit D - Neighbor Comments Received Exhibit E - Draft Council Minutes 02/08/2010 Exhibit F - PC Minutes of 01/19/2010 (Draft minutes from 2/16/2010 meeting not yet available) Application Summary: The Emily Program is requesting conditional use permit approval in order to operate a 10-bed, in- patient residential eating disorder treatment facility with limited out-patient services within the existing building on the property, formerly the Hill School. The applicant intends to maintain as much of a residential character of the property as possible by limiting signage and changes to the exterior finishes of the building which are not consistent with a single family home. A detached garage is also part of this application. Due to the location of the existing building and the proposed detached garage on the property setback variances are also requested. The detached garage will also require a structural coverage variance to allow 17% structural coverage where 15% is allowed and 14.7% currently exists. On February 17, the applicant held an informative meeting for the neighborhood. At this meeting the neighborhood was able to ask questions about the applicant's facility, day to day operation and other issues of concern. Planning staff and the City Attorney have been working with the applicant on developing conditions of approval for this use. Several of those proposed conditions are listed below. There are also a number of conditions that are still being reviewed and are not ready for inclusion in the staff report. 10-3442 17 February 2010 Page 2 Draft conditions: 1. There shall be a maximum of 10 patients at any given time served on an in-patient basis. 2. Interior modifications and limited exterior modifications are permitted which will maintain the local historic value. 3. The 616 square foot detached garage will house a van and garden equipment, and shall be architecturally similar to the Hill School building. 4. The proposed 10-bed, in-patient residential eating disorder treatment facility shall not be a lock-down facility. Patients may leave the building at will upon notification of staff. 5. There shall be no use of restraints in this facility. 6. There shall be no biohazard or medical waste generated at this facility. 7. The out-patient services available at this facility shall be limited to weekdays between the hours of 8 am and 7 pm. 8. All staff parking shall be within the property's existing parking lot. 9. Establish a shared parking agreement with the Minnetonka Art Center to avoid the need for parking on local streets. 10. The Applicant shall make an application for withdrawal of the conditional use permit granted by this resolution when and if the property is ever sold or transferred to another owner. 11. Visiting hours shall be limited to weekday evenings between 5 pm and 9 pm and weekend visiting hours shall be limited to the hours between 8 am and 9 pm. 12. Multifamily Saturday Group sessions, which will exceed the existing parking, shall not be held at this location. 13. The user shall hold an active Minnesota State Department of Human Services License for an eating disorder structured living program. Annual verification of licensure may be required. Planning Commission Recommendation On January 19, the Planning Commission recommended approval of the setback variance and conditional use permit limiting the use to 10 beds/in-patient clients. At the February 16th meeting, the Planning Commission recommended denial of the variances to allow the detached garage as currently proposed. The Commission suggested reorienting the garage on the property, parallel to the lot lines and the existing building; orientation of the overhead doors to the street or inward facing the existing building; and utilization of the existing parking area to access the proposed garage. Planning Staff Recommendation Staff recommends approval of the setback variance and the conditional use permit with the appropriate conditions. Staff also recommends the Council take an affirmative action on Monday night. The applicant has requested there be a vote on the use so they may plan appropriately. Should the Council approve the use on Monday night, the applicant is willing to work with staff to develop additional conditions for the resolution for adoption at the March 8th Council meeting. COUNCIL ACTION REQUESTED The Council action requested at Monday's meeting is td approve or deny the application for a 10-bed, in-patient residential eating disorder treatment facility. If an approval is granted, Council should also provide staff with any specific recommendations for conditions for the CUP resolution. eXifltrA vkPr 46LUfl0tsJ rD PEE D15TW $Ureo � MONDify DIENINO -)c 1''1 PAT EXISTING S TREES S 89'S4'05" E 106.00 M r 'v'.v �L forip \�r � ��v NE TREES \1/ `/i� •• Irny 0 _ ��"' ��� I� ` �7 GARDEN s"' '��, • STORAGE * �' 11 • VP NEW 1 PAYER I ®�RI AYP'GAR D .1`. ri�p (26'WX26'D) • 0 CRUS. EXISTING " • STOOP HELL .:S.."::,:'.,'.3 R\ .� I CRUSHED \ ..`. ROCK BOR I 1 '.', PATH NEW REFER TO CONNE d 4:sly CONNECTING LANDSCAPE '' SCHOOL • PLAN .%':"' AND • s=:;�^b / GARAGE a sL • II CONC. / STOOP • • rilliii .,36.3 1 gy,�w EXISTING • • @@ PARKING rftl LOT \ i o rIfT tuy :.1 OaN w , r v 14 14 r L., La \ Q O 1 _ m _ EXISTING o CO o, HILL O SCHOOL 0, IL z z. 7 a, I / I I I • w" 36.3 • • 0 \ REFER TO I yyJJJJ LANDSCAPE / PLAN 0 • 0 S 89'54'05" E 105.99 NORTH SHORE DRIVE aka HWY. NO. 51 '° Site Plan MODIFIES SHEET 2 A100.Araruen. 9 The Hill School/The Emily Program "° 2180 North Shore Drive DRAWING NUMBER design group "e. o Wayzata,Minnesota Al I Date Application Received: 12/15/09 Date Application Considered as Complete: 12/16/09 120-Day Review Period Expires: 04/15/2010 To: Chair Kang and Planning Commission Members From: Melanie Curtis, Planning & Zoning Coordinator Date: 9 February 2010 Subject: 10-3442, Dirk Miller on behalf of The Emily Program 2180 North Shore Drive • Variances & Conditional Use Permit • Public Hearing Zoning District: RR-1 B, One Family Rural Residential, 2-acres/200' width Lot Area: 25,440 s.f. (0.58 acre) Lot Width: 106' Application Summary: The applicant is requesting a conditional use permit, structural coverage and setback variances in order to construct a 26' x 24' detached garage on the property to house The Emily Program's van and gardening equipment. Staff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections • Sec. 78-418(14). Conditional uses. • Sec. 78-1403. Lot coverage. • Sec. 78-1511(1). Setbacks for parking. List of Exhibits Exhibit A. Proposed Survey Exhibit B. Site Plan Exhibit C. Garage Elevations Exhibit D. Landscape Plans Exhibit E. Engineer Comments Exhibit F. Property Owners List Exhibit G. Plat Map Background In January, the Planning Commission heard a request from The Emily Program for CUP approval to operate a 10-bed, residential eating disorder treatment facility. They would like to amend their request to include approvals in order to construct a 616 square foot detached garage on the property. The detached garage will offer screening for garbage receptacles, gardening equipment and a large van used by the applicant. The garage requires a setback variance and conditional use permit approval. A 100 foot setback is required from adjacent residentially zoned properties. The property currently has 14.7% structural coverage. The applicants are proposing to add 616 square feet which would increase the structural coverage level to 17%. FILE#10-3442 10 February 2010 Page 2 of 3 LOT ANALYSIS WORSHEET Lot Area/Width RR-1 B Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 25,440 s.f. (0.58 acres) 106' Structural Coverage: Total Lot Area Total Structural Coverage 25,440 s.f. (0.58 acre) Allowed: 3,816 s.f. (15%) Existing: 3,753 s.f. (14.7%) Proposed: 4,369 s.f. (17%) Setbacks for the Proposed Detached Garage RR-1 B Required Existing Building Proposed Garage Front 100' 44' No Change Rear 100' 92' 10' Side (west) 100' 21.5' 31.8' Side Street (east) 100' 41.4' 38.8' Hardcover Calculations This property is located outside of the Shoreland Overlay District and therefore not subject to the hardcover regulations of Section 78-1288. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Structural Coverage Variance City Code limits properties under 1.99 acres in area to 15% coverage by structures. The principal structures, any detached accessory structures and any structures which exceed 6 feet in height from grade are included in this calculation. Currently the property has a 14.7% structural coverage level. With the addition of the 616 square foot garage the level would increase to 17%. Setback Variances Zoning Ordinance Section 78-418 (14) requires hospital uses and all use-related structures operating under a conditional use permit to maintain a 100' setback from all residentially zoned property. Although the Minnetonka Arts Center exists to the direct west and north, a 100' setback from the northern and western lot lines as well as all other lot lines are required due to the RR — 1 B residential zoning surrounding the FILE#10-3442 10 February 2010 Page 3 of 3 property. A similarly sized garage on a property having a use would be required to meet a 10' setback from the north side, a 10' setback from the west side and would be required to be located no closer to the street than the principal structure. This garage meets those standards. Conditional Use Permit Analysis Zoning Ordinance Section 78-916 allows the Planning Commission to recommend that the Council grant a conditional use permit when evidence is submitted to the City making the following findings: (1) The proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; The detached garage will generally conform to the surrounding neighborhood and the existing structure on the property. (2) The proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; Staff finds no evidence that the conditional use permit would be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvement in the vicinity. (3) The proposed conditional use will comply with each of the applicable provisions of this chapter. Aside from the deficient setbacks discussed above, the proposed garage meets all of the zoning requirements. A building code review will be conducted by the Building Official at the time of building permit submittal for the interior modifications. Staff Comments Staff finds that the proposed garage will be residential in appearance, at a setback that is consistent with other residential garages in the immediate neighborhood, will be compatible in appearance with the surrounding neighborhood and is able to meet the conditions outlined within the code. As the applicant has identified a need to house a program van and store garbage receptacles and gardening supplies staff finds the setback variance request is reasonable. Most residential properties have an attached or detached garage. With the cold and snowy Minnesota winters it is often considered a hardship not to have some type of garage to protect vehicles from cold, snow and ice. As this property has not been used for residential purposes for quite some time there is no existing garage to utilize. Issues for Consideration Is the proposed garage compatible with the surrounding properties? Are there any other issues or concerns with this application? 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STOOP 0• EXISTING • ::• . ' WELL ,'y; 11 CRUSHED \ •. . ROCK t •'`� PATH NEW LAWN ' ;,: ARBOR CONNECTING TO BE / SCHOOL LANDSCAPED '::••a AND GARAGE -4.,"= ? 'V CONC. e< ,f~I STOOP • ---t`Y ' ++�' • 36.3 //)('' EXISTING PARKING 0hi., \,/„...„,,.:„:„,„:-,. LOT O /I O• w cv En , o rn -�-- EXISTING ,. o — MILL ap v,+ SCHOOL 6? z z , rn rn • r .. .. .:.„..„.. / ... : . 36.3 _ L .1..t:r:O.::/:j..•••:'.'. ..v... r,.. :4e:.., 'x <!y' I 411111 A p' S 89'54'05" E 105.99 NORTH SHORE DRIVE aka HWY. NO. 51 Scale: ,"=20._0" Site Plan MODIFIES SHEET: 292 9100 49th Avenue North New Hope.Minnesota 55428 t:759.599.3919 Date: 2.3.10 The Hill School/The Emily Program n Drawn By: tl5 2180 North Shore Drive DRAWING NUMBER rn X design group Wayzata, Minnesota s Protect No.: 09044.01 Ala- CO 0 0 - (� � z II c II 0 i 0 i !lIlI s Im> -�IIIII I'111111iIlti e111111 - '�IIIII z z IIIIII1 r III P .., 1M [#] 6--,-,..--) ,..............} II ( N II ...� __ ._, ,,... ___ , r� .., _„, m„,................. 03 , , !....„. _ ___ c,. m mmm.mmmmm.113.11i.E.111.• II (f) ry _ z II (f) 1=1 I y■■■■ ■■■■■■■■yy■■y■ O m ^zz - O i■ ■ ■ ■ ■ ■ ■ ■ ■ `ram^ -'-'^ r�ti- 1I— ���������������1��e��i�i� sue �■■■PRIPPIER ■ ■ i■y■■_yy■■yyyy_ _ ■ Z T` O ■ �i 1 �-^-r• ter`-ea-`sl _ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r -,-w Tom- , ,—,t II ill i■i■i■i■i■i■i■i■i■i■i■i■i -1 i�i�i�i�i�i�i�i�i�i�i�i�i IN IM -,—'—' L' -'7-2— —wi--C— ,—.— ii, I ILI:17.42;:;:ggrAll.1.2. l I 0 13 OC — 0 CO Z m o Z 0 c - z z 0 O K r m 0 0 Sole: 20.- GARAGE ELEVATIONS MODIFIES SHEET: 9100 49th Avenue NoM � New Hope,Minnesota 66428 n 1:763.633.3873 Date: 2.3.10 2 The Hill School/The Emily Program x Drawn 6y: 1jb 2180 North Shore Drive DRAWING NUMBER & cr design group Project No.: 09044.01 Wayzata, Minnesota A2 n RECEIVED FEB 11 2010 CITY OF ORONO 66*50L 3 M50,*s.68 S41 • ' ---)• --------7,-, .-,, ____-_,L),.., .,. . 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'i' 1\ \/ \ 1 1 - , ti:Ar....'. # Z , ‘ -D IC' ' '..:' r..il 6,_, r 0 . r 1,....,1:7i.7 v° oast_ I" V AWA3nl2Id / �R��S!:`:I� M•f`.�+.r+r!*�• ` / • O y y1' „+ (D H3Nvd � •f,3 4:1.-1•""~ j4`�r tl1”. . r ; �f<r �- �i E +- !I3 !•� � i I o �a F - S33211 M3 l 3 „50.t►S.68 SIlit J - U • .....46. o 292 design group s 6 f11 N g' ill r PC Exhibit E 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com February 11, 2010 Bonestroo Melanie Curtis Planning and Zoning Coordinator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2180 North Shore Drive File No. 000139-10000-1 File No. 10-3442 Dear Melanie: We have reviewed the plans for a proposed garage at 2180 North Shore Drive. The plans are dated 2-3-10. We have the following comments with regards to engineering matters: • Most of the garage and a portion of the driveway are being placed over an area with existing hard cover. The slight increase in hard cover will generate a negligible increase in stormwater runoff to the north. • It appears that a required stormwater pond was never constructed with the 2006 or 2007 building addition and parking lot expansion project. We recommend that the construction of the approved pond be required regardless of the garage project proceeding. • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted. The minimum $2000 sediment and erosion control financial security should be required of the owner for this permit. If you have any questions, please call me at (651) 604-4894 or send an email to darren.amundsen@bonestroo.com. Yours very truly, Darren Amundsen Cc: Tom Kellogg RUN DATE: 1240009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PC Exhibit F 38 10-117-23 23 0004 38 10-117-23 31 0016 38 10-117-23 310017 CLARK J WINSLOW ET AL M C MADDIE&M MADDIE M MADDIE&M MADDIE 38 ADDRESS UNASSIGNED 2150 PROSPECT AVE 2160 PROSPECT AVE SHARON&CLARK WINSLOW MICHAEL C MADDIE MICHAEL&MELISSA MADDIE 1205 FRENCH CREEK CIR 2150 PROSPECT AVE 2160 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 31 0018 38 10-117-23 31 0019 38 10-117-23 31 0049 MICHAEL MADDIE D&K BECKER CRAIG S BLEEKERJAMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST MICHAEL MADDIE DONALD&KATHERINE!BECKER CRAIG S BLEEKERJAMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 31 0050 38 10-117-23 31 0051 38 10-117-23 31 0052 P F&L KALEY BARBARA I GARCIA G C PETERSON&J H PETERSON 1395 BROWN RD S 1335 ARBOR ST 1355 ARBOR ST PHILIP KALEY BARBARA I GARCIA GREGORY&JULIANNE PETERSON 1395 BROWN RD S P O BOX 114 1353 ARBOR ST WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 10-117-23 31 0053 38 10-117-23 31 0054 38 10-117-23 31 0055 JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 1385 ARBOR ST JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 2562 WESTERN AVE N WAYZATA MN 55391 PO BOX 161 ROSEVILLE MN 55113 CRYSTAL BAY MN 53323 38 10-117-23 31 0056 38 10-117 23 31 0057 38 10.117-23 31 0058 LESLIE KENNEDY GARY M PRINTUP JR AARON F1 PRINTUP 2140 NOR TH SHORE DR 1335 BRIAR ST 2195 PROSPECT AVE LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR P O BOX 175 2195 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 PO BOX 104 CRYSTAL BAY MN 55323 38 10-117-23 31 0098 33 101.117.23 31 0101 35 10-I 17.23 31 0103 LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO E E NIELSEN&J K JOHNSON 2180 NORTH SHORE DR 1333 BROWN RD S 2140 PROSPECT AVE LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO ERIC E&JENNIFER K NIELSEN 2180 NORTH SHORE DR BOX 66 2140 PROSPECT AVE BOX 54 WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 32 0019 38 10-117-23 33 0006 ART CENTER OF MINNESOTA GREGG WtDENISE E STEINHAFEL 2240 NORTH SHORE DR 2285 NORTH SHORE DR MINNETONKA CTR FOR THE ARTS GREGG WtDENISE E STEINHAFEL f J, ED 2240 NORTH SHORE DRIVE 2265 NORTH SHORE DR --.•'r_-r WAYZATA MN 55391 WAYZATA MN 55391 2009 DEC 1 4 CITY OF ORONO I CERTIFY THAT THE FACTS REPRESEN I ARE • ACCU• •TE AND TRUE R-PRESENTATION OF INFORMATION AS ITAPPE THTgAZ (TI THE'•CO•1. O' �� E HE • EP COUNTY Ti PAYER�SERVICES DEPARTMENT. DATE: �uu r BY �'I II 4.I / 1 s, ) f E C 08 2009 _ p , , ,.,..__, # .0,) 4, 4 .. PC Exhibit G NHennepin County Mailing Label Map Provided By: Taxpayer Services Department 1 _ _ I s t a�� 141 I t'91 MI ., SS^ to 1t',<r-3i z '10A117-23-3 I ._._.. -is, 4i... t5; rs: ./ tO-11'-23.33 10-117-23-34 // / For more information contact: Print Date: 12/8/2009 Hennepin County GIS Division Map Legend 300 South 6th Street Map Scale: 1" = 149' Minneapolis,MN 55487 Buffer Size: 350 feet Watei Majoi Roads Park -- --- Minoi Roads Map Comments: Parcel -Type Comments Here Buffet Region \�/ Selected Parcels T PN .Main. II,' is HENNEPIN asa' r RECEIVED it 3 4 4 L EEC 1 4 2009 ,11"Y OF ORONO Ou-riwir Melanie Curtis From: Christine Mattson Sent: Tuesday, February 09, 2010 12:46 PM To: Melanie Curtis Subject: FW: Issue in Crystal Bay From: ahprintup©aol.com [mailto:ahprintup©aol.com] Sent: Tuesday, February 09, 2010 12:15 AM To: Jim White; Cynthia Bremer; Lili McMillan; Jim Murphy (jmurphy@goldengate.net); Doug Franchot Cc: Kim Kang (kimdakang©gmail.com); Loren Schoenzeit (lorens©att.net); Denise Leskinen (denise@wlwd.com); Tess Rice (tessr@minnbankers.com); Jon Schwingler (jonschwing©aol.com); Jaye Ann Bennett (jaznicl@mchsi.com); Linda Feuss (lufeuss©feusslaw.com); Michelle Winer (smithsbay@msn.com); David Rahn (rahnx041@umn.edu) Subject: Issue in Crystal Bay My name is Aaron Hale Printup. I live at 2195 Prospect Ave. with my 14 month old Daughter. I have lived in this home for several years now, but I was born and raised four houses up the road on Briar St. So I have lived in Crystal Bay my whole life. For so many years, the Hill School has been a place of learning. Not just for Education as it has for the past several years, but a place for many types of classes. I received notice the other day that "The Emily Program" is looking to make it a treatment and rehabilitation facility. For Historical and logistical reasons, I am Opposed to this. I do not know what age groups are targeted for treatment. I don't know how many patients will be living there. I don't know how many patients will be under out patient care and congesting our streets with parking. I do not know if they are Court ordered for treatment. I don't know what the traffic issues will be in our quiet neighborhood. How many patients are going to be under a psychologists care? Are those patients a threat to themselves or others? Is this facility going to cause a need for ambulance service during all hours of the day and night? Is the proposed garage going to be a mini parking ramp? If it is an 8 bed in patient treatment facility, where are the patients cars be parked? Where will staff park? Where will visitors park? Where will trucks deliver supplies from? That is far to much traffic for this little neighborhood. Could this facility be more appropriate in the fading business district of Long Lake? The cover letter that some neighbors received had a reference that an administrative official with this program "grew up in this neighborhood." I would like to know where this person grew up, because I do not think she was from our neighborhood and I do not believe she was from Orono. When she referenced our community she included the city of"Spring Lake Park." Why insult our intelligence by stating she is from this neighborhood? I tried to contact this person and have had no response. What I do know is that I am opposed to this. The character of the neighborhood and the surrounding community will be jeopardized by this treatment and rehabilitation facility. Will this treatment facility open the door in Orono to begin opening other facilities or halfway houses? I have seen how people act when they are Court ordered for treatments they do not adhere to or when their psychological frame of mind is not healthy. They make poor choices and in far too many i cases they will simply quit and walk away. I don't want even the smallest percentage of a chance that someone may make the poor choice to walk away from their in-patient program and end up walking thru properties or into homes in my neighborhood. Thank you for your time and attention. Aaron H. Printup Crystal Bay 612-978-4005 2 Melanie Curtis From: Jim Murphy [jmurphy@goldengate.net] Sent: Tuesday, February 16, 2010 3:05 PM To: Melanie Curtis Subject: Fw: PLEASE Vote NO to Hill School rezoning melanie; Is this the same person who came to the Council meeting representing French Creek? Jim Original Message From: Shari Manolas Danielson To: - _ - Cc: ' • ent: Tuesday, February 16, 2010 2:38 PM Subject: PLEASE Vote NO to Hill School rezoning My French Creek neighbors and I are strongly opposed to the conditional use permit and setback variances that the City of Orono is considering for the Hill School property. Our primary concern is opening the door to a 24-a-day/7-day-a-week inpatient medical clinic in an exclusively residential neighborhood -- and the detrimental effects that will have on our community. There are six other communities in Minnesota in which an Emily Project clinic is located; all have been developed in mixed-use areas, with some combination of retail, light industrial, medical or professional offices -- as well as residential. Our community, except for the Arts Center, is exclusively residential. Why even consider making an exception for this organization? No other communities have. As a 24/7 medical facility, there will be up to 30 employees working at the Emily Project-- and any subsequent rehab center that moves into that space -- around the clock, seven days a week! There will be lights, there will be noise, there will be people from outside the neighborhood driving in and out of our community-- at all hours of the day and night. In addition, we understand representatives from the Emily Program have already requested additional parking from the Minnetonka Center for the Arts because they realize the number of spaces on the Hill School property are inadequate for their needs. Furthermore, what kinds of safeguards will be guaranteed to prevent this property-- once the Emily Project, some day, moves out--from turning into a detention center for troubled teens?A lock-up for low-risk criminals? A rehab facility for alcoholics? Drug addicts? Sex offenders? Because once the City of Orono decides to make these proposed changes, anything goes. Any attempt to add a rider to the CUP mandating that the zoning revert back to 1 residential/school when the Emily Program leaves will not be enough to withstand a legal challenge from a new prospective tenant. In addition, as the owner and director of the Emily Project-- Dr. Dirk Miller-- also has a background in drug and alcohol rehabilitation, what is to prevent him, in the future, from changing the charter of his for-profit clinics to accommodate drug- and alcohol-addicted patients at the Hill School property? We are also concerned about the viability of the Emily Program, its motivation for transforming a historic Orono schoolhouse into a 24/7 inpatient clinic in a residential neighborhood, and the stability of is management team. We have asked its representatives for some assurances along these lines, financial information that includes its director/owner's net worth, his assets and liabilities, how much he will be borrowing to complete the project, what are the expected profits of the clinic, how the other Metro area clinics are doing financially, if a clinic has ever been closed and why?, etc. So far, the Emily Program has refused to answer any of our questions. Another of our concerns is that the neighborhoods surrounding the Hill School property have not been properly notified of the proposed zoning changes. The 300-foot circumference rule is not the good-faith gesture that we would expect from Orono City Council, whose mission is to "preserve our local character and identity" -- not to support business development at any cost. That's why we urge you protect the neighborhood around the Hill School --the Arts Center, the playground, the post office, the Dakota Trail, and the 88 families and their homes-- and vote no to the Emily Program's request for a CUP and setback variances. Thank you. Shari Danielson for the French Creek Home Owners' Association 2 Melanie Curtis From: ahprintup@aol.com Sent: Tuesday, February 16, 2010 7:16 PM To: Melanie Curtis Subject: The Hill School For so many years, the Hill School has been a place of learning. Not just for Education as it has for the past several years, but a place for many types of classes. I received notice the other day that "The Emily Program" is looking to make it a treatment and rehabilitation facility. For Historical and logistical reasons, I am Opposed to this. I do not know what age groups are targeted for treatment. I don't know how many patients will be living there. I don't know how many patients will be under out patient care and congesting our streets with parking. I do not know if they are Court ordered for treatment. I don't know what the traffic issues will be in our quiet neighborhood. How many patients are going to be under a psychologists care? Are those patients a threat to themselves or others? Is this facility going to cause a need for ambulance service during all hours of the day and night? Is the proposed garage going to be a mini parking ramp? If it is an 8 bed in patient treatment facility, where are the patients cars be parked? Where will staff park? Where will visitors park? Where will trucks deliver supplies from? That is far to much traffic for this little neighborhood. Could this facility be more appropriate in the fading business district of Long Lake? It may also be interesting to know if Kim Kang, the Chair of the Planning Commission, has any special interest in this rehabilitation program because of her professional background and past lobbying efforts. What I do know is that I am opposed to this. The character of the neighborhood and the surrounding community will be jeopardized by this treatment and rehabilitation facility. Will this treatment facility open the door in Orono to begin opening other facilities or halfway houses? I believe it does. I have seen how people act when they are Court ordered for treatments they do not adhere to or when their psychological frame of mind is not healthy. They make poor choices and in far too many cases they will simply quit and walk away. I don't want even the smallest percentage of a chance that someone may make the poor choice to walk away from their in-patient program and end up walking thru properties or into homes in my neighborhood. Thank you for your time and attention. Aaron H. Printup 2195 Prospect Ave 612-978-4005 i Melanie Curtis From: Maddie, Mike [Mike.Maddie@bestbuy.com] Sent: Thursday, February 18, 2010 12:54 PM To: Melanie Curtis Cc: Shari Danielson; Melissa Maddie Subject: Emily Program - Moratorium Request on CUP vote Melanie— Thank you for allowing some of us to have a few minutes of floor time with the planning commission Tuesday evening (2/16). Most of us didn't realize the issue at hand was only the garage variance. The agenda read CUP and related variances so we inferred the discussion included the CUP. Would you kindly forward this email to the members of the planning commission and city council ... On behalf of the surrounding community to the Hill School we'd like to respectfully request a moratorium on the CUP vote until the community has had a chance to gather some independent and objective facts with respect to the Emily program's presence and impact in the residential communities in which they operate. Our desire is to allow time for several of us to gather this perspective from discussions with residents in the communities of Chaska, St. Paul, and St. Louis Park in which the Emily program operates. We'd also like the time to review public records in the surrounding communities to check for any issues related to the Emily program. Additionally, we'd also like time to confer with a few real estate professionals and appraisers in the area to understand what, if any, is the impact to surrounding property values should a treatment center be introduced. Our intention is to gather relevant facts so we all can develop a more informed perspective and opinion for all parties involved, specifically the surrounding community and both our planning commission and city council members. This will help to take the emotion out of the discussion and focus on facts. If it would please the city, we'd like to engage this research collectively with either a few members of planning commission or city council in order to provide transparency in our approach and ensure no personal perspectives influence the presentation of this data. All indications are that this program could in fact be a great addition to the community, and clearly, do some real good in people's lives. Again, their charter is exceptional. However, as a community we owe it to ourselves to ensure we understand all considerations in this matter from an independent and objective perspective. Substance over form, please do consider that this program is a for profit business entity which is marketing itself to the city in return for a license to operate a business. In any business negotiation, any logical person is going sell their best points and not air any downsides or dirty laundry. Our objective is not to refute any statements discussed in previous meetings but simply do some fact finding and bring in relevant perspectives from other residential communities that are separate and distinct to the Orono discussion. Based on what the Emily program has communicated in recent discussions, we should find nothing but positive feedback from the surrounding residents of their facilities. If true, this information should be considered in council discussions and presented to the community. To recap recent events, here is a list of relevant concerns the community has expressed: 1. Is there enough space for this facility to operate without interrupting the culture and tranquility of the immediate and surrounding neighborhoods? 2. Why can't we abide to the 100 foot setback requirement for hospital type facilities, why would we make an exception to this in a clearly residential area? 3. If there are 10 patients in the facility and 5-10 personnel working the facility at any one time as stated by delegates of the Emily program, will parking overflow on the weekends during visitations ... can Briar Street accommodate this? What is the impact to the neighborhood? 4. If a CUP is to be approved, how will it be structured to protect the community from another treatment center or halfway house whose residents could pose a clear risk to residents and their children? Will the community have full disclosure with respect to the language of the permit? 5. What assurances or solutions exist to ensure the "scope"of this facility can only be used for the treatment of eating disorders, and not other psychiatric disorders or ailments should the Emily program choose to extend the scope of their practice? How will this be monitored and communicated to the community? 6. What due diligence or fact finding has the city done with other communities or public records in which this program operates, and if yes, when can this information be shared with the community? 7. What is the impact to the neighborhood and community with a 24/7 non-lock down psychiatric facility? 8. How often are emergency vehicles engaged with the facilities (will public records be shared)? 9. How often do patients flee? It's a non-lock facility and Program members indicated this has happened in the past (will records and statistics be shared)? 10. What is the impact to property values should a treatment center be introduced into the community? Has the city done any investigation or due diligence on behalf of the residents? If yes, when can this information be shared with the residents? 11. If a CUP is passed and future operations do become a nuisance to the Crystal Bay neighborhood, what then? Can Briar St be closed at the end of the Hill School to isolate it from the neighborhood? 12. Why can't the city engage in business development activities to assist in finding a tenant for this clearly historic building other than a treatment facility? Why not a public library, learning center, another private school program, or business that doesn't involve 24/7 operations in a quite neighborhood? How can the community and council come together to support this activity? 13. Given the magnitude of concern with the surrounding community,why not shift the discussion to an interim use permit on an annual basis for 2-3 years? If, after this time,the Emily program is in fact a positive impact on the community as they indicate it will be,then we vote for a CUP with restrictions on use,should the program relocate. Prior to any independent fact finding and its presentation to the community,this would seem to be the most logical approach for all interested parties. Lastly, the surrounding community is clearly upset and our faith in the process injured based on how notifications and the permit posting on the school played out. How do we improve the notification procedure for future matters of this type beyond the 300 foot rule to ensure community members are effectively notified? Most of us in the community discovered what was happening by an email sent by the Emily program and forwarded throughout the surrounding community. The city did indicate they sent a formal notice to residents within 300-350 feet of the building but only a very small minority received any notification whatsoever. As mentioned, no sign was ever posted on the Hill School indicating a permit was in application as is required by ordinance. Surely these issues were not intentional, but it is creating the perception, and again just a perception, that this matter is being fast tracked. In summation, please consider this a formal request for a moratorium on the CUP vote until the community has had a chance to gather some independent and objective facts, hopefully in coordination with the city. We'd like to work with the city to set a future council date in which to review this information and then afterwards, proceed forward with the vote on yes or no, and if yes, on the type and structure of the permit to be issued. Thank you for your time and consideration of this matter, Mike Maddie Mike Maddie Strategy & Business Development Best Buy, Co. Inc. 7601 Penn Avenue South Richfield, MN 55423-3645 Office: 612.291.5694 Cell: 612.804.5643 Loc: C4-853 2 Melanie Curtis From: GPeter7809@aol.com Sent: Monday, February 01, 2010 5:25 PM To: Melanie Curtis Subject: From Orono Website: Regarding the Emily Program CUP/Re-zoning Dear Ms Curtis, We reside at 1355 Arbor St and our property rear abuts Briar Av; therefore, the request for zoning variance/CUP by the Emily Program impacts our property very directly. We support the present organization's request to utilize the Hill School for residential in-patient treatment of persons with eating disorders. HOWEVER, we are very concerned that this re-zoning might have unintended future consequences. Another type of in-patient residential treatment program could well follow the Emily Program but be far less desirable, especially in an almost exclusively residential area with many children...and in very close proximity to the park on Arbor St frequented primarily by children. Persons with eating disorders do not carry the kind of stigma that would be true of other persons requiring in-patient residential treatment. Orono would certainly not support a treatment center for sexual or drug addiction, would it? If this change in zoning MIGHT result in another, far less desirable group applying for and receiving permission to take up residence in the Hill School, then my wife and I would most assuredly be AGAINST REZONING. Unless there can be a guarantee that no unsavory type of treatment groups could be placed in the Hill School, Julie and I respectfully stand against the present zoning change. IF the ordinance can be written in such a way as to require any future occupants of the Hill School to re-submit an application for re-zoning, then we would support the Emily Program. In essence, we are requesting that the city issue a CUP that may be revoked and which does not stand in perpetuity. Short of that kind of guarantee against very much undesirable occupants taking up residence literally in our backyard, we must register strong objection to re-zoning. Sincerely concerned, Gregory and Julianne Peterson 1355 Arbor St 952-475-3261 PS We are very upset that the city did not perform its duty in notifying us of these scheduled meetings. We received information ONLY from Ms Brown of the Emily Program but nothing from the city, as is required by law. 1 Melanie Curtis From: Amy Beth Butler[amybethbutler@yahoo.com] Sent: Monday, February 01, 2010 4:56 PM To: Melanie Curtis Cc: Craig Bleeker Subject: Project 10-3442: Emily Program To: Melanie Curtis, Planning and Zoning Coordinator I live at 1380 Arbor Street within close proximity to the Hill chool location. I am writing in support of the Emily Program being granted their conditional use zoning permit. I understand that neighbors of mine are expressing concern regarding this permit and frankly, I am saddened by this. When we moved into our house nearly four years ago, we were welcomed with open arms. Ours is a very giving neighborhood with truly nice people living in it. Closing our door to people in need, which denying this permit would do, does not exemplify the many good qualities'of our neighborhood. If it were my friend or family member who needed such help, I would want them to be able to be treated in a respectable,pleasant neighborhood, such as ours. It is my belief that people seeking any type of treatment are to be encouraged, not feared. I recognize they live in our communities and would personally much rather have them treated, rather than left un-treated. The more neighborhoods say "no" to such facilities, the harder it becomes for individuals to get the help they need. In summary, I have a young daughter that I plan on teaching tolerance and compassion- I don't believe these qualities are situational. Amy Bleeker P.S. It should be noted that I am not affiliated with the Emily Program in any way. It is unlikely that I will be able to attend the upcoming meeting. If you have any additional questions for me, I can be reached by cell phone at (611r. 1 Melanie Curtis From: Maddie, Mike [Mike.Maddie@bestbuy.com] Sent: Thursday, January 28, 2010 11:26 AM To: Melanie Curtis Cc: Subject: RE: New Occupant of the Hill School - Please read! iI Melanie— , Pursuant to my wife's email, I personally have reservations about the Hill School property being converted into a treatment facility. While the Emily's program charter is truly exce tional in nature, I am concerned about having a treatment facility located ... literally... in our residential neighborh od within such close proximity to our homes and children.The Hill School is truly a unique property and its history a d architecture is considered a unique cornerstone of our neighborhood. It's truly a unique feeling having such a histori al building located in our neighborhood. However, given the permit request and the location of the property in our n ighborhood, I'm very,very uncomfortable with the request. While I support the charter of the Emily Program, my per pective is a business of this nature needs more property to create a comfortable separation of space and feeling o security for the surrounding residential community. An example to which I speak is the Retreat Rehab Facility in Wayza a which is located on several acres of property and surrounding by woods which separate it from the residential neighborhood. I worry even more should the program close its doors. Is this does happen, we as a community open ourselves to other rehab treatment programs moving into the property as a result of he conditional use permit. Therefore, I am respectfully requesting that the planning commissi n deny the conditional use permit for a treatment facility, of any kind,for the Hill School property. I ask that you plea e consider this request as a municipal member serving the best interests of the community, and also from the per pective of a parent with children who lives within feet of this property. I would be grateful if you would kindly accept this email as a forma objection to the conditional use permit. Thank you for consideration on this matter, Mike Maddie From: melissa_maddie@yahoo.com [mailto:melissa_maddie@yahoo.com] Sent: Thursda January 28, 2010 10:21 AM To: Cc: Maddie, Mike; melissa maddie Subject: New Occupant of the Hill School - Please read! Greetings friends and neighbors! Like many of you, I recently received a letter in the mail frohi the Emily program who are interested in moving into the property at 2180 North shore drive (the Hill School). After reading the letter, I thought this was a done deal and didn't think I could have any input. A few days ago, I contacted Lindsay Brown (651 379-6130) at the program with some questions on how this new development would affect our neighborhood and found out some interesting facts that I thought I'd share with you. She was very helpful and let me know that the program is planning a 10 bed inpatient resident program for women with eating 1 MINUTES OF HE ORONO CITY COUNC I MEETING Monday,Februa 8,2010 7:00 o'clock p m. located in a safe neighborhood. The Emily Program will b. a good neighbor and will be responsive to the neighbors' concerns. Murphy commented he has read the information provided .n the program and that he hopes the City of Orono will fully understand the program and be willing to •upport such a worthwhile program. Michael Quay, P.O. Box 94, Crystal Bay, indicated he has esided in thisneighborhood off and on over the years but is not currently residing in the area; although le has pe '(":4 a business interests still in this neighborhood. Quay indicated he has a number of con ern e: ding the 'ty,most of which were not discussed by the Planning Commission and/or the is The first concern deals with the fire safety of the struc The orig' al structure was rt ed in 1892 and the local fire department is not trained or equipp deal fire at this locaon. In addition,Fairview Hospital is a long distance from this structu` ich also goes to patient safety. Quay indicated another concern of his deals ' :. d materials a wthat will be dealt with. Hospitals inherently have a slightly higher risk .'fire t �$E uses. T e application does not go into great detail on their inpatient ..., M .m and there the '& cation about the medical office use, which the outpatient serv' s portsz< R the program .uld fall under. The Emily Program also admits that they are going to 4.' �chiatri =eatment at the i ,which covers a wide variety of diagnoses, including schizophrenia and o :` s Quay st there are a n "- of wa''" • ien could be curt ordered to this facility, including minors. The :ig_ sue is that once = onditi. use permit is Oranted, The Emily Program can start treating anyone with -+isorder and t he has a concern they may admit patients who are a danger to society. If a 10-bed facile , .proved the City, it becomes a ve attractive location for other facilities,which is a major concern. Quay indicated this facility will also have a cascading nega ive impact on the valuations of the surrounding properties. Quay requested the City Council consider his concerns prio to acting on this application. Page 11 of 28 — — — MINUTES OF HE ORONO CITY COUNC II MEETING Monday,February 8,2010 7:00 o'clock p m. Murphy stated the Orono/Long Lake Fire Department is on- of the finest trained volunteer fire departments in the state of Minnesota and that they are qua ified to handle everything that the Minneapolis Fire Department is trained to handle. The bui ding has also been inspected by the City,the fire department, and police department when the building as occupied by The Hill School and that the sprinkler system is up-to-date and to code. Quay stated he did not say that the sprinkler system was no up to code 4aithat there are some fire safety concerns with the building. In addition,there may be some patients : efacility who are immobile. The fire department has not been trained to deal with hospitals and . tie Murphy pointed out Mr. Quay has raised some issues t. 1 e potential or possible and t e City Council is going to look very carefully at all valid issues. :hy e � �.ed doubt that tl facility will have a negative cascading impact on the property valuations th '�out the City. � Ya Quay indicated he did not say that and limited tls to the surr • properties. Murphy stated that was impli r. Quay. White stated Mr. Qu de his is and that he like to hear from the other residents in the audience. White concurred er M y that the building is not a fire hazard and that it is sprinkled. r } � heth Quay ha inside the building in recent years. Mr. Diu ''cated he has be + the ne orhood in recent years and inside the building when he was younger. Q ,+ted the winde:41 are rotting and that expanding foam sealant has been used to seal the • windows. White noted that type -. aF. is used in a number of buil,i ings, including the City's Public Works Building,and that Mr. • is incorrect in his assertions the t the building has not been maintained and is a fire hazard. Mike Maddie,2150 Prospect Avenue, stated in his view the Emily Program's charter is exceptional but that the neighbors do have some anxiety over this facility. addie stated his concern relates to the Page 12 of 2 MINUTES OF I HE ORONO CITY COUNC I MEETING Monday,Februa 8,2010 7:00 o'clock p m. proximity of the building to the neighboring residences ane that he is unsure what the purpose is of the 100-foot setback for hospitals but noted the conditional us:permit overrides that. Maddie indicated his primary concern deals with the fact at another medical facility can move into this structure if the Emily Program leaves, and that he is also w.rried about the stigma there may be with having a psychiatric facility in their neighborhood. Maddi: commented he the program is exceptional but that the residents do have a concern regard.' g the use of, property. Maddie asked whether there will be parking on the street to accommodate visa Cherie Danielson, stated she is the parent of two girls at she is e new presiden Ffench Creek Homeowners Association and she has been given ' sio eak on their be f. Danielson indicated she only became aware of the Emily Program at the d`,F January when she was forwarded an e-mail that had been forwarded a number o from Melissa M She has read the documents on the City's website regarding this application a hat only fifte residents were listed as being notified by the City in December. Danielson noted the Fre 'tree borhood lies 0 feet to the west of the property,which is fairly close. Seventeen ho live in r neighborhoo my one resident was notified of this request by the applicant. There are t in the rrounding area to this facility,which includes the 48 homey - ' k - Hill prope s area also includes the Crystal Bay Post Office, a public . "�`ground, a bas p court gr sy play area. The neighborhood area to the east contains 15 a. i : omes,which a.4 . eludes ortion of the Dakota Trail and rest stop. The area to the southeast als: % udes a portio 3 . the Dakota Trail and ha an additional eight homes. There are approximately 8. o es withi lose proximity of the Hill chool property and yet only 15 residents were notified,which : - . gnificant number of residen s that were not notified. Danielson stated in her view this is not a rep : entative hearing given the lack f notice given to a large majority of the residents in the surrounding area. White stated the City is only required by state law to notify roperty owners within 350 feet of a property that has submitted an application and that the list is provide by Hennepin County. Page 13 of 28� — -- — MINUTES OF THE ORONO CITY COUNCII,MEETING Monday,February!8,2010 7:00 o'clock pim. Danielson asked where the sign has been posted on the Hill School property regarding this application and that they are only hearing about this through an e-mail that has been forwarded on a number of times. McMillan noted there should have been a sign posted. Danielson stated the person who initiated the e-mail does not live in the immediate adjoining area. Turner stated they were probably notified because their na e is con a the common area. k Bremer indicated the City obtained the names of the prope wne from Hennepinunty. Danielson stated they do not have a problem with the Emi a ° that she does have a problem with the City of Orono. Six other communities within the stateinnesota house The Emily Program and those facilities are located within mixes " : •istricts. Miller stated the Chaska location is in a townho deve • end it hag been in that location for the past five years. Danielson stated she< •b -• her a li •f The Emily Pr . 's other locations and the businesses that are within a block or two of the A i •od is e usively residential,which would be an exception to on ask ` at other a .tives there are for this property and why a quiet residen eighborhoo• " g for • acc-pt a 24/7 medical facility. Danielson concurred there will be 1 ° s with this use th . e Hill ool,but the people working for The Emily Program will be working aro 'e clock. The ill be lights, noise,traf c, and people who do not reside in the neighborhood dr .'n and ou the neighborhood at all ours of the day and night. Danielson asked what ki F = of safeguards there will be to g arantee that this property does not turn into a detention for delinquent teens or a center for sex offenders. The new tenant may not be as easy to accept as this site as The Emily Program. Danielson urged the Ci , Council to protect the neighborhood and find a more appropriate use for this property. Danielson recom ended the other 88 property owners be notified and also be given an opportunity to comment on th s application. Page 14 of 2$ —— MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Februa 8,2010 7:00 o'clock p m. Miller stated he understands the neighbors' concerns and t at they are not new concerns. In his opinion the neighborhood will not suffer because of The Emily Pro: am and it is doubtful this structure can be used for the other uses suggested by Ms.Danielson. Milk noted one way to protect the neighborhood is for the City to cancel the conditional use permit after The :mily Program is gone. Quay stated as it relates to the fire department,the Orono ire Department is close to the facility. I k White indicated he understands the issues raised by Mr. Quay relate wo ono Fire Department and that the fire safety concerns raised by Mr. Quay are not valid o s White requested Mr. Quay limit his comments to concerns not already raised. n Mr. Quay asked what experience the City has with hospita White noted the City of Orono does not hay. '•spital. ` y�� I Bremer stated she understands what Mr. Quay is ymg . .; is is aAfferent facility from a school. White asked whether the ,ould gen in the p. • �:'ents' rooms. Miller noted they would not •4 d s u y d yR• not be._ ce,1 sed as a psychiatric hospital. It will be licensed as "o;•er st . d living •_R:. thr u h the State of Minnesota. Eatingprograms ,.�� p' � gP g require medical an. iatric ent. Maddie aske• -ther the othe ations have received an complaints. Lindsay Brown s .they hav; �'st received any complain s. Miller noted the City of aska actually asked them to loo i at other potential sites within the City of Chaska to house this facility. Bremer stated she would like to address the conditional use •ermit,and that it is her understanding that once a conditional use is granted,that conditional use perm stays with the property. Bremer acknowledged the City Council has to look at other potentia1 future uses this property could be used for Page 15 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 8,2010 7:00 o'clock p.m. once The Emily Program vacates the structure. Bremer noted the City does have some letters of support in the file as well. Mattick stated the issue of potential future uses varies from city to city. The state legislature mandates as part of the city's own zoning,that if an entity comes to a city requesting a building in a single-family residential zone and has a maximum of six beds, it is a permitted use and do t require a conditional usepermit. The EmilyProgram is proposing 10-beds,which is not a lar acili but does require a �' P p g tY� q conditional use permit. Typically a conditional use permit does run with the land f er,ad that the Ci governing the use of the property with a conditional use permit. The city ca it the nu ber of people th „house and it can also place other restrictions on the use. Mattick poi ut th ently people c e ordered to a residential home provided it is not a lock-down facility witho City's permission or knowledge. Mattick indicated he is familiar with The Emig :tag he variancnecessary and would run with the land. The City determines setbacks to ."-...what appro iate for the district. Mattick noted the City does have the . . "1 to place certai e- cti•ns o conditional use permit. The applicant has indicated t to withdra , o the conditional use permit should they ever vacate the premises. �F � tated i 3 s view if there a f.oluntary action to withdraw the CUP, it would be enforceable. McMill k sked whether . UP w i t .wal could be ch llenged by the potential buyer of the property. Mattick indi it conceivabl Auld be,but that the record would reflect an agreement to voluntarily withdraw the co al use p- it by the applicant. Staff has discussed the fact that CUPs are intended to be there forever pr ' •d conditions are met and that one alternative would be to approve an interim use permit, ould have a time limit imposed(on it. Bremer stated she appreciates the concern relating to the personal safety of the residents and that in her view The Emily Program also shares the safety concerns raised by the neighbors. Bremer indicated she is not aware of another similar facility within the City and that the City Council has an obligation to look at all the issues and consider the application in its entirety. Page 16 of 2$ MINUTES OF I HE ORONO CITY COUNC MEETING Monday,Februa 8,2010 7:00 o'clock p m. Bremer pointed out The Hill School has been on the marke for a number of months and that there are not a lot of buyers currently. A vacant building is not good fo the neighborhood since it will deteriorate and create a fire hazard. Bremer asked what inspections have .een done to ensure that the building is up to code. Curtis stated a change in occupancy would need to happen and that TheEmily Program will need to meet certain standards. The Hill School did do improvements a few year _o nection with their expansion and that the fire inspector has signed off on the use ofthis tructure school. There is an area in the lower portion of the building to house water tan or t `e sprinkler syst he building will be re-inspected as part of this application. Tom Betty,Design Group, stated he has been working with th y Program for the past four years. The facility in St.Paul is similar to this buil nd they are away` will need to be some changes to the structure. The building has to provide ce 'rigs,which w re an upgrade to the floor structure to provide a one-hour fire rating and sets o the outside. Betty encouraged the neighbors to visit the facility ' aul. Betty noted they will oing la caping and re • a couple of windows. The HVAC system will also be upgraded in ord r • ' ual he s and ventilation systems in each room. The lower level 4 u .xima if below A portion of it will remain storage. The fire sprinkl r'a"stern is also . " . in the r po ion and is j very good system. There is also a proposed tar;;', kitc ' n . or the lower are ey wo ike to maintai a residential feel to the structure and there will also a di f '�>: rea in the to : level along with the kitc en area. h The main level will h. s,u ering space, administrative office space, and meeting places for the families of the patient. facility will be 100 percent AD compliant. The upstairs will contain the bedrooms,with each bedroom containing two beds,closet space and a bathroom. There will also be a living room with a computer station located upstairs. The r,sidents will be responsible for their own laundry, so there will be laundry facilities available. One o the stairways will be rebuilt to comply with the City's Fire Code. Page 17 of 28 — i MINUTES OF THE ORONO CITY COUNCI •MEETING Monday,February 8,2010 7:00 o'clock p.m. White asked whether there would be someone on duty on the living floor at all times. Betty stated there will be someone on duty on that floor. The residents will also be gone for a portion of the day on different outings. McMillan asked if there will be major renovation of the bu'lding. Betty indicated the lower level will not require much upgra ing. T - t s will be upgraded. From the main level up,the majority of the walls will be left alone. T er- ill be s ck added to the flooring to achieve the correct fire rating. There are some r a aged areas w ' ill also be corrected. Bremer asked how disruptive the remodelingwill be. , p Betty indicated there is good access to the site oes not anti jt will be very disruptive. The construction is anticipated to last five to six onths. Murphy noted the City d' ake st . ¢ ensure that t4a sch of was brought up to code when The Hill School occupied the + . o Quay asked { ', he 3 N,t notifica 'ir4tiven, if that is a minimum requirement and whether the Ci ` id have exte - 'at if i � e to White state• ,T y ity could not# he entire city if it chose to on a particular application but that it followed the stan. ., otificati process on this application. White pointed out that this is the City Council's first look a a' 'Cation and that a property o ner does have the right to submit an application to the City fo onsideration. McMillan stated the sign should be posted. Mattick noted the City also did publish notice of the applic.tion in the local newspaper. Page 18 of 2: i 1 I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 8,2010 7:00 o'clock p.m. Quay stated he understands the signage will be minimal for this facility. Quay noted the setback from the front is 44 feet and the City's standard is 100 feet,which is a reason for not approving the variance since it will impact on the other properties. As it concerns the biohazard material,there may also be a vendor that picks up the material and there are also issues with storage and children possibly having access to that. White asked whether there will be any medical waste associated with th' pse. Lindsay Brown stated there will not be any. Quay noted there are also two million dollar houses in eighborhood for sale. He =9 . in the neighborhood and he has heard a number of complaints in st f ors that they cad •t afford to live in their own neighborhood they grew up in. Quay sug est t one possible use for this property would be medium priced condominiums. Murphy pointed out this is not the City's initiati'c-z and t had come before the City requesting permission to turn ' operty into co .sa i I s t ould follow the same process. Quay stated he had a- ' his pr., comments tha a Arono Fire Department has had not training in fighting hospital fires but thaw' tip �: .uildin� a fire hazard.g g p Quay reiterated this facility will negatively r e: h 'erty v R >.ns in he - _' borh od. Whi°` s . e is familiar wi struc 3 - and that it is rot a fire hazard. Quay indicated h • to go in he building when he was younger and that the windows are rotting. Murphy asked that as th- -ighbors present their concerns, hat they discuss their real concerns that they would like the Council to deal with. Murphy stated the Co ncil is following the appropriate procedures with this application and have notified the property owners equired by law. Murphy expressed a concern that the residents do not fully understand the program that i being proposed for this location. Quay stated he has an eating disorder so he understands wh t the program is about. Page 19 of 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 8,2010 7:00 o'clock p.m. Murphy asked if Mr. Quay understands the severity of the disease that the Emily Program is attempting to address and the lives that they are attempting to save. Murphy commented that this is not a trivial issue that the program has to deal with. Quay stated he can sympathize with the patients since he does have an eatins .rder himself. His core concern relates to the devaluation of the surrounding properties. Quay s d this facility will be referred to as a psych ward and will have a detrimental impact on the neighb o q property values. Quay indicated it is his understanding that a different license can be nt under t e conditional use permit. Bremer noted a new type of license has already been impl ed b tate of Minnes• and that the license would be tied to the conditional use permit. Quay stated that license can change. Bremer stated that would be ed process an• requir pplicant to go through a public hearingsince the use of t 'rope � - -uld change. � xM Mattick reiterated that a statµ ,•s .,zw.x. -• ired f• facility that houses more than six patients. Quay st • as it regards -bed . •,,t ere would be different limitations on that type of facility, and 'a •:- offender facili . poten ture use for this property. Maddie asked if 'ossible f• is application to go from a conditional use permit to an interim use permit. Mattick indicated it would require a change to the City's c e and that the request would need to come from the applicant. A conditional use permit can be termin ted for lack of use if the property is left vacant for a period of time. The Emily Program could also submit a request to the City once they leave the property that the conditional use permit be terminated. Page 20 of 2$ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 8,2010 7:00 o'clock p.m. McMillan asked whether their other facilities have an outdoor sitting area. Miller stated there is limited green space on the property b t that they have proposed an outdoor walkway going from the building to the garage. They would also lik to have a little garden and fire pit. 1 I McMillan stated they would like to know exactly everythin the applicant isproposing for the site given the limitations of space. ! Betty stated they would like a garage for the van, a garbage:enc su ' and will., proving the landscaping, such as additional plants and possibly some ra ardes. They are to share those plans with the neighbors. it._, §' r 44 Franchot stated his biggest concern is what the future use o th erty would be once The Emily Program vacates the building. Franchot co ,,•te�gd he has heard a er of very positive comments s about The Emily Program. - White stated he would like so -!re information • h: othe -s that have The Emily Program located in their area. �` Murphy recommended that 1,, ' - ,-i:hbo -' e together to discuss their concerns. Bremer icated she wo,' ° e this`'A ati'n to be brought back before the Council at the same time as t " a• ion for the gar , Bremer moved," .:by seco,' _•d,to table Application#10-3442,The Emily Program,2180 North Shore Drive. McMillan requested the applicant be given the required sign to be posted on the property or building. VOTE: Ayes 5,Nays 0. -- — Page 21 of 28 Council MINUTES OF THE Exhibit F ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. #10-3441 MAGDALEN M.PIDGEON TRUST,MADALYN J.EPPLE,TRUSTEE,CONT.) with 2,Block 1 Riedel Company Stubbs Bay Addition by either a tax parcel combination • special to •mbination. Staff also recommends the condition of the plat requiring Counc. •proval of the docks . each lot be changed to require conformance with Lake Minnetonka C•- ervation District regulations. Madalyn Epple stated s - a ad nothing to add to Staff's report. Chair Kang opened the public h-. 'ng at 7:45 p.m. Herbert Olson,owner since 1974 of the t-door house aria . e other part of this parcel, stated when they originally purchased this property on a ''tract for ed,they have been paying taxes on the property in question and that they are unsure wh. o - • about that and that he would like to receive reimbursement for that. Kang stated she is unsure whether there is .rocess that he Id follow to get reimbursement. Turner suggested he contact the H- epin County Assessor's Offic- . determine how the taxes are separated out and whether the v e of Lot 16 was included with the ho Chair Kang closed the p is hearing at 7:46 p.m. Kang indicated thi a pretty straight forward application and that she does not have . • issues with it. Schwingler - oved,Schoenzeit seconded,to recommend approval of Application 10-34• agdalen M.Pidge• I Trust,Madalyn J.Epple Trustee,3625 Eileen Street,subdivision,subject to th Pidge i rust parcel,one,being combined with Lot 2,Block 1,Riedel Company Stubbs Bay Ad s ion by either a tax parcel combination or a special lot combination and,two,the docks be i • iformance with the Lake Minnetonka Conservation District regulations. VOTE: Ayes 6,Nays 0. 10. #10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,2180 NORTH SHORE DRIVE,VARIANCES & CONDITIONAL USE PERMIT,7:47 P.M.-8:12 P.M. Dirk Miller,Applicant,was present. Curtis stated the applicant is requesting a conditional use permit and setback variances in order to operate an in-patient eating disorder treatment facility for up to eight clients in the existing building on the property. The Emily Program intends to maintain as much of a residential character of the property as possible by limiting signage and changes to the exterior finishes of the building which are not consistent with a single family home. Due to the location of the existing building on the property, setback variances are also requested. A"hospital use"requires a 100-foot setback from adjacent residentially zoned properties where the school use only required a 50-foot setback. Based on the hospital use requirement outlined within City Code 78-418(14),the proposed use requires a minimum of 600 square feet of lot area for each person to be accommodated. The applicant is proposing an 8-bed facility. The property has 25,440 square feet in area and exceeds this requirement. Page _ 10 MINUTES OF 1 HE ORONO PLANNING COMM SSION MEETING Monday,January 8,2010 6:30 o'clock p m. (#10-3442,DIRK MILLER ON BEHALF OF THE EM LY PROGRAM,CONTINUED) The requirement for open parking spaces in a location othe than a required yard cannot be met on this property. A previously approved variance for the previous user allowed parking to be located within the required 50-foot side street yard and a 10-foot setback is m•t from the interior side lot line and rear lot line. As the new use has a greater yard requirement, a new variance will need to be granted for the parking within the required 100 foot yard area. The proposed location of the conditional use is in accord w th the objectives of the City's conditional use permit and the purposes of the district in which the site is 1 o cated and the comprehensive municipal plan. Staff also finds that the proposed location of the condition. use and the proposed condition under which it would be operated or maintained would not be detriment„1 to the public health, safety or welfare, or materially injurious to properties or improvements in the vi inity. The proposed conditional use will comply with each of the applicable provisions of Zoning 0 dinance Section 78-916. Staff finds that the proposed use is compatible with the req irements of 78-418(14)and the applicant is able to meet the conditions outlined within the code. As he applicant is proposing to utilize an existing building, a building with some local historic value staff finds the setback variance request is reasonable. Further,the proposed use will result in fewer vehicle trips to and from the site than the previous occupant and in particular will eliminate the high-traffic ti 'es of the former occupant. Residents will typically come and go as a group on an outing or other acti ity in a single vehicle. Clinicians and employees are small in number and visit at staggered times as the facility runs on a 24-hour schedule. Planning Staff recommends approval of the conditional use permit with variances for the Emily Program as proposed. Schoenzeit asked whether any future changes in the use of his property would require the application to come back before the Planning Commission. Curtis noted there are some specific conditions directed at t e current applicant that makes the conditional use permit somewhat unique. Curtis indicated currently if. different school came in that met all the same conditions,they would not have to appear before the Plann'i g Commission. Kang asked whether the Planning Commission can limit th; number of beds. Curtis stated the Planning Commission does have the abili to limit the number of beds. Miller stated he would like to make one correction in Staff'. report and that it is a ten bed facility rather than an eight bed facility. Tom Betti, Designer, indicated that would still work with a 1 the lot requirements. Miller stated in his view this is a great use of the property for the neighborhood. They have been in contact with all the neighbors within 300 feet of the facility and that the majority of the neighbors are supportive of the project. They would be working in conju n ction with Hennepin County. Page MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,CONTINUED) Kang asked whether this would be a court-ordered facility. Miller indicated the residents would check in voluntarily. he Hennepin County Attorney's Office has a separate section for eating disorders and The Emily Progra works directly with them. Hennepin County has developed a program called Community Commitment, hich recommends not sending someone to a locked psychiatric ward for this type of problem. The pati nts would be there for approximately five months and there is licensed staff on hand at all hours of the day. The Emily Program also works with Methodist Hospital. Chair Kang opened the public hearing at 8:02 p.m. 1 There were no public comments regarding this application.) Chair Kang closed the public hearing at 8:02 p.m. Rice commented in her view it is a good use of the buildin . Feuss stated she also is in agreement with the proposed uselof the building. Kang noted there would probably be less traffic under this vise than there was with the Hill School. Curtis stated she would discuss this application with City Attorney Mattick to see whether this conditional use permit could be limited to this specific use. Schoenzeit recommended that this not be a locked facility. Kang indicated she would also like it limited to a ten bed f ility. Kang stated she would like to maintain the residential character of the area. Miller stated they want to have a safe, attractive building, a d that they will be a good neighbor. Schoenzeit noted that very few neighbors live within 300 feet of the building. Kang noted the City did receive a letter from one resident opposed to the project. Curtis indicated the applicant did go around the neighborho d and meet with as many of the residents as possible even outside the 300 foot limit and discussed the p oject with them. Kang stated in her view this is a low key use for this area. ang noted the letter in opposition to the project was sent by Aaron Hale Printup, 2195 Prospect Ave ue. Miller noted that the use being proposed here is completely different than court ordered programs. Schwingler moved,Feuss seconded,to recommend appr val of Application#10-3442,Dirk Miller of The Emily Program,2180 North Shore Drive,granting f a conditional use permit,per the recommendations of Staff,and subject to the facility bei g limited to a 10-bed facility. Page — — — - — _____ 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p1m. (#10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,CONTINUED) Curtis stated she would work with City Attorney Mattick to compile a list of recommended conditions for review and approval by the City Council. VOTE: Ayes 6,Nays 0. #10-3443,2655 SHADYWOOD ROAD,LECY BROTHERS CONSTRUCTION ON BEHALF OF TIMOTHY AND JULIANN HAIIIDEN,VARIANCE,8:12 P.M.—8:45 Andy ' •hnsrud with Lecy Brothers was present. Curtis stat=• the applicants are requesting the following variances in order to build a ne residence and relocate the 4 iveway on their property: 1. A lot wi• variance to allow redevelopment of a property with 58 feet width at the OHWL where 140 -et is normally required; 2. 0-75 feet hardco -r variance to allow 25 percent hardcover wh- 43.3 percent currently exists and 0 is normally . owed; 3. 0-75 foot structural setb. variance to allow the p opo ,' home at a 48-foot setback where a 48-foot setback currently .,ists and a 75-foot set•a is normally required. The applicants have chosen to locate the -w home furt I om Shadywood Road and access off of Pheasant Road. They are requesting varianc . to encr• ch nto the 75-foot lake setback area with the home to maintain a view of the lake and to avol i .orting excessive dirt to fill a dip in the grade in the conforming building location. There is an exitin . .inage ay which cuts diagonally through the property fro the northern intersection corner al e w. to d e lake. This drainageway should be maintained. The applicants are proposing to ant an ea y ent to the City in order to protect the drainageway in perpetuity. The applicants have proposed a rain . rden and buffer area in a -ffort to offset the proposed hardcover. The applicants are requesting a •:rdcover variance for the 1-75 foot zo - to allow 2305 square feet of hardcover. There is 3,982 sq e feet of hardcover within e 75 foot lake -tback. Half of the proposed hardcover consists of the a r. icants proposed home. Addit onally, rip-rap wi. in the drainage swale accounts for 650 square et of the proposed hardcover wit in the 0-75 foot zon- Because this drainageway benefits •.t only the subject property but also he neighborhood,ther- ould be an argument made for removing e hardcover and the drainageway alto;,ether from the hardcover •;lculations. In addition to t' house,the applicants have proposed to co struct a 17' x 16' upper deck w patio below. Ther- is also a circular patio and flagstone path proposed within the 75-foot zone. The exi• ng home is 33 feet from the OHWL and consists •f 1970 square feet of structural hardcove wher; o structure is permitted. The location and orientatiel o the lakeshore, an existing drainageway thr• gh the property and the existing grade has determined he proposed home location for the applicants. Page 13 • CITY OF ORONO ZONING FILE: #10-3442 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: 9 February 2010 TO: Dirk Miller COPIES: Via email to Lindsay Brown The Emily Program Lindsay(cr7emilyprogram.com 2265 Como Ave St. Paul, MN 55108 TYPE OF APPLICATION: Conditional Use PermitlVariances DATE OF MEETING: 8 February 2010 TABLED: 5 FOR 0 AGAINST Motion: To table the application. Applicant's next scheduled meeting is confirmed as: Planning Commission —Tuesday, February 16-- Meeting starts at 6:30 pm If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please contact Melanie CL rtis, Planning & Zoning Coordinator, at mcurtisa,ci.orono.mn.us or 952.249.4627. MINUTES OFT E ORONO CITY COUNCH MEETING Monday,February 8, 2010 7:00 o'clock p.m. (' #10-3441 MADALYNJ. EPPLE, TRUSTEE, 3625 EILEENSTREET, Continued) Mattis indicated he did speak with the attorney for the trust today and that an affidavit nee. o be filed to upda the trustee on the certificate of title. Once that is completed, the agreement can signed. Murphy ask., why the City would grant a waiver of the fee. Turner stated the •• .plicants feel this should have been taken;care of by the deve .der at the time the lot was created. Murphy asked whether .ff feels the fee should be waived. Turner stated in her view the .plicant does have a good poi t but t,:t Staff does have some time into this application and that the City A • ey also has spent some ti e o 'he application in drafting the agreement. Bremer asked how much time City Att.. ey Mattick has -ht on this application. Mattick indicated his office has approximat: two h. s of time in on the application. Madalyn Epple stated this situation has been co .sing and has required some time on their part to straighten out. White asked how much the fee would be . this applic. on. Turner stated the typical application - is $700 and that no .11y the City Attorney's fees would also be passed on to the applicant. Murphy asked why Ms. Eppl- drought the application to the city. Epple indicated they wo i like to sell the property and need to have the '• uation cleared up. Bremer indicated s would be in favor of waiving the City'l portion of the fe: .ut that the applicant should be respon •.le for the City Attorney's costs. Bremer mo d,Franchot seconded,to adopt RESOLUTI N NO. 5914, a Resolut . • Approving the Division • ax Parcel 05-117-23-24-0039,and Amending the Approval of Riedel Co t any Stubbs Bay At , tion,with the City's portion of the fee being wai ed and the City Attorney's co being paid the applicant. VOTE: Ayes 5, Nays 6. #10-3442 THE EMILY PROGRAM, 2180 NORTIH SHORE DRIVE—CONDITIONAL USE PERMIT Dirk Miller, Applicant,was present. __ .. ... ._. Page 4 of 20 _. I MINUTES OF 11HE ORONO CITY COUNCIL MEETING Monday,February 8, 2010 7:00 o'clock p.m. (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Curtis stated the applicant is requesting a conditional use permit and setback variances in order to operate an in-patient eating disorder treatment facility for up to eight clients in the existing building on the property. The Emily Program intends to maintain as much of a residential character of the property as possible by limiting signage and changes to the exterior fini$hes of the building which are not consistent with a single family home. Due to the location of the existing building on the property, setback variances are also requested. A"hospital use"requires a 100-foot setback from adjacent residentially zoned properties where the school use only required a 50-foot setback. Based on the hospital use requirement outlined within City ode 78-418(14), the proposed use requires a minimum of 600 square feet of lot area for each person to b accommodated. The applicant is proposing an 8-bed facility. The property has 25,440 square feet in area and exceeds this requirement. The requirement for open parking spaces in a location other than,a required yard cannot be met on this property. A previously approved variance for the previous user allowed parking to be located within the required 50-foot side street yard and a 10-foot setback is melt from the interior side lot line and rear lot line. As the new use has a greater yard requirement, a new variance will need to be granted for the parking within the required 100 foot yard area. The proposed location of the conditional use is in accord wi h the objectives of the City's conditional use permit and the purposes of the district in which the site is to ated and the comprehensive municipal plan. Staff also finds that the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimenta to the public health, safety or welfare, or materially injurious to properties or improvements in the vi inity. The proposed conditional use will comply with each of the applicable provisions of Zoning Ordinance Section 78-916. Staff finds that the proposed use is compatible with the requirements of 78-418(14) and the applicant is able to meet the conditions outlined within the code. As the applicant is proposing to utilize an existing building, a building with some local historic value, staff finds the setback variance request is reasonable. Further, the proposed use will result in fewer vehicle trips t and from the site than the previous occupant and in particular will eliminate the high-traffic times of the liner occupant. Residents will typically come and go as a group on an outing or other activity in a si gle vehicle. Clinicians and employees are small in number and visit at staggered times as the facility r ns on a 24-hour schedule. Planning Staff recommends approval of the conditional use permit with variances for the Emily Program as proposed. The Planning Commission recommended approval of the se back variance and conditional use permit limiting the use to 10 beds/clients. The Commission also as ed Staff to identify findings and conditions for the resolution which would limit subsequent users of the property who may not be as compatible in a neighborhood setting. r Dirk Miller stated the Emily Program is an eating disorder p ogram. Their main office is located in St. Anthony Park but they also have a hub office in St. Louis P k and offices in Stillwater, Duluth, and Burnsville. At the present time they are proposing a ten bed residential program, which would be licensed by the State of Minnesota as an eating disorder stru tured living program. This license has been Page 5 of 20 .______-_---.....__ MINUTES OFT E ORONO CITY COUNC MEETING Monday,February ,2010 7:00 o'clock p.m. (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) McMillan asked how much renovation is proposed for the structure and whether there will be some green space in the back. Miller stated they would like to leave as much green space as they can, with the parking remaining where it currently is. They would like to add a garage on the northiside. Curtis noted the application for the garage will be heard next week by the Planning Commission. McMillan asked whether there would be any outpatient services offered. Miller indicated there may be some outpatient services provided and that those numbers have been included in the parking calculation. The outpatient services would be a small part of the program. White asked whether they have any affiliations to any of the local hospitals. Miller stated they are affiliated with Fairview. McMillan asked whether they have experienced any issues that result in police visiting the site, particularly if it is a minor. Miller stated they have not. Miller indicated they are unsure how the resident population will be split among their various facilities and that it is not definite they ill have any minors at this facility. Miller stated if a minor was at the facility and left,they would be r quired to call the police. At this time they are only proposing to obtain a license for treating adults. McMillan asked how many parking stalls are available on si e. Curtis stated there are 16 parking stalls, which does include the required handicap stalls. Franchot asked what type of treatment the resident would recreive prior to coming to the facility. Miller stated that varies on the person and that once they reah their facility, they would offer four different levels of care: nonintensive outpatient, intensive o I tpatient,partial hospitalization or intensive day program. The two intermediate care levels are only don• at their St. Louis facility and there would not be any intensive care services offered at this location. Franchot asked approximately how many people are in need of this type of facility within a 10 or 15-mile radius of Orono. Miller indicated he is unable to provide that number. They ave done some outreach programs in the various high schools and that they estimate the number of people with eating disorders is approximately eight percent of the population. White asked whether food would be cooked onsite. Page 7 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 8,2010 7:00 o'clock p.m. (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) LaQuey stated he did not say that the sprinkler system was not up to code but that there are some fire safety concerns with the building. In addition, there may b some patients at the facility who are immobile. The fire depai tinent has not been trained to deal ith hospitals and patients. Murphy pointed out Mr. LaQuey has raised some issues tha are potential or possible and that the City Council is going to look very carefully at all valid issues. urphy expressed doubt that this facility will have a negative cascading impact on the property valuation throughout the City. I LaQuey indicated he did not say that and limited his commints to the surrounding properties. Murphy stated that was implied by Mr. LaQuey. White stated Mr. LaQuey has made his points and that he w uld like to hear from the other residents in the audience. White concurred with Council Member Mu y that the building is not a fire hazard and that it is sprinkled. White asked whether Mr. LaQuey has b en inside the building in recent years. Mr. LaQuey indicated he has been in the neighborhood in r cent years and inside the building when he was younger. LaQuey noted the windows are rotting and th t expanding foam sealant has been used to seal the windows. White noted that type of sealant is used in a number of buildings,including the City's Public Works Building, and that Mr. LaQuey is incorrect in his assertions that the building has not been maintained and is a fire hazard. Mike Maddie, 2150 Prospect Avenue, stated in his view the Emily Program's charter is exceptional but that the neighbors do have some anxiety over this facility. addie stated his concern relates to the proximity of the building to the neighboring residences and hat he is unsure what the purpose is of the 100-foot setback for hospitals but noted the conditional use ermit overrides that. Maddie indicated his primary concern deals with the fact that another medical facility can move into this structure if the Emily Program leaves, and that he is also worried about the stigma there may be with having a psychiatric facility in their neighborhood. Maddie commented he hopes the program is exceptional but that the residents do have a concern regarding the use of the property. Maddie asked whether there will be parking on the street to 4ccommodate visitors. 1 Sheri Danielson, stated she is the parent of two girls and tha she is the new president of the French Creek Homeowners Association and she has been given permissio i to speak on their behalf. Danielson indicated she only became aware of the Emily Program at t - end of January when she was forwarded an e-mail that had been forwarded a number of times from Mel ssa Maddie. She has read the documents on the City's website regarding this application and noticed tha only fifteen actual residents were listed as being notified by the City in December. - Page 9 of 20 MINUTES OF HE ORONO CITY COUNCIL MEETING Monday,February 8,2010 7:00 o'clock p m. (6. #10-3442 THE EMILYPROGRAM, 2180 NOR SHORE DRIVE, Continued) a more appropriate use for this property. Danielson recom ended the other 88 property owners be notified and also be given an opportunity to comment on t i s application. Miller stated he understands the neighbors' concerns and t at they are not new concerns. In his opinion the neighborhood will not suffer because of The Emily Pro am and it is doubtful this structure can be used for the other uses suggested by Ms. Danielson. Mille noted one way to protect the neighborhood is for the City to cancel the conditional use permit after The Dmily Program is gone. LaQuey stated as it relates to the fire depai talent,the Oron. Fire Depai tinent is not close to the facility. White indicated he understands the issues raised by Mr. Laiuey relating to the Orono Fire Department and that the fire safety concerns raised by Mr. LaQuey are i of valid ones. White requested Mr. LaQuey limit his comments to concerns not already raised. Mr. LaQuey asked what experience the City has with hospital fires. White noted the City of Orono does not have a hospital. Bremer stated she understands what Mr. LaQuey is saying but that this is a different facility from a school. White asked whether they would use oxygen in the patients' rooms. Miller noted they would not be and that it would not be licensed as a psychiatric hospital. It will be licensed as an eating disorder structured living program through the State of Minnesota. Eating programs require both medical and psychiatric treatment. Maddie asked whether the other locations have received any complaints. Lindsay Brown stated they have not received any complaints. Miller noted the City of Chaska actually asked them to loo i at other potential sites within the City of Chaska to house this facility. Bremer stated she would like to address the conditional use permit, and that it is her understanding that once a conditional use is granted,that conditional use permit stays with the property. Bremer acknowledged the City Council has to look at other potentia1 future uses this property could be used for once The Emily Program vacates the structure. Bremer note d the City does have some letters of support in the file as well. Mattick stated the issue of potential future uses varies from ity to city. The state legislature mandates as part of the city's own zoning,that if an entity comes to a ci , requesting a building in a single-family residential zone and has a maximum of six beds, it is a pe itted use and does not require a conditional use permit. The Emily Program is proposing 10-beds, whic is not a large facility,but does require a conditional use permit. Page 11 of 20 _.._...._ _.._ _. _...... __...... MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 8, 2010 7:00 o'clock p.m. (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, E, Continued)t ued) sprinkler system is also located in the lower portion and is a very good system. There is also a proposed kitchen area for the lower area. They would like to maintain a residential feel to the structure and there will also be a dining area in the lower level along with the kitchen area. 1 The main level will have a gathering space, administrative ffice space, and meeting places for the families of the patient. The facility will be 100 percent AD compliant. The upstairs will contain the bedrooms,with each bedroom containing two beds,closet s ace and a bathroom. There will also be a living room with a computer station located upstairs. The residents will be responsible for their own laundry, so there will be laundry facilities available. One oil the stairways will be rebuilt to comply with the City's Fire Code. White asked whether there would be someone on duty on the living floor at all times. Betti stated there will be someone on duty on that floor. The residents will also be gone for a portion of the day on different outings. McMillan asked if there will be major renovation of the bui ding. Betti indicated the lower level will not require much upgrading. The bathrooms will be upgraded. From the main level up,the majority of the walls will be left alone. There will be sheetrock added to the flooring to achieve the correct fire rating. There are some Water damaged areas which will also be corrected. Bremer asked how disruptive the remodeling will be. Betti indicated there is good access to the site and that he does not anticipate it will be very disruptive. The construction is anticipated to last five to six months. 1 Murphy noted the City did take steps to ensure that the sch of was brought up to code when The Hill School occupied the building. LaQuey asked as it rela tes to the 350-foot notification giver, if that is a minimum requirement and whether the City could have extended that if it chose to. White stated the City could notify the entire city if it chose to on a particular application but that it followed the standard notification process on this application. White pointed out that this is the City Council's first look at this application and that a propertyowner does have the right to submit an g application to the City for consideration. McMillan stated the sign should be posted. Mattick noted the City also did publish notice of the applica ion in the local newspaper. LaQuey stated he understands the signage will be minimal r this facility. LaQuey noted the setback from the front is 44 feet and the City's standard is 100 feet, hich is a reason for not approving the -. Page 13 of 20 _. _ _. _ __ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 8 2010 7:00 o'clock p.n . (6. #10-3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued) Bremer stated that would be a detailed process and would re uire the applicant to go through a public hearing since the use of the property would change. Mattick reiterated that a state license is only required for a facility that houses more than six patients. LaQuey stated as it regards the six-bed facility, there would be different limitations on that type of facility, and that a sex offender facility is a potential future u$e for this property. Maddie asked if it is possible for this application to go from a conditional use permit to an interim use permit. Mattick indicated it would require a change to the City's cod' and that the request would need to come from the applicant. A conditional use permit can be terminat d for lack of use if the property is left vacant for a period of time. The Emily Program could also s bmit a request to the City once they leave the property that the conditional use permit be teuuiiinated. 1 McMillan asked whether their other facilities have an outdoor sitting area. Miller stated there is limited green space on the property but`that they have proposed an outdoor walkway going from the building to the garage. They would also like tb have a little garden and fire pit. McMillan stated they would like to know exactly everything the applicant is proposing for the site given the limitations of space. Betti stated they would like a garage for the van, a garbage enclosure, and will be improving the landscaping, such as additional plants and possibly some rain gardens. They are willing to share those plans with the neighbors. Franchot stated his biggest concern is what the future use of the property would be once The Emily Program vacates the building. Franchot commented he has heard a number of verypositive hcomments :� g about The Emily Program. White stated he would like some more information from the other cities that have The Emily Program located in their area. Murphy recommended that Dr. Miller and the neighbors get ogether to discuss their concerns. Bremer indicated she would like this application to be broug t back before the Council at the same time as the application for the garage. Bremer moved,Murphy seconded,to table Application#i 0-3442, The Emily Program, 2180 North Shore Drive. McMillan requested the applicant be given the required sign to be posted on the property or building. VOTE: Ayes 5,Nays 0. Page 15 of 201 Date Application Received: 12/15/09 Date Application Considered as Complete: 12/16/09 120-Day Review Period Expires: 04/15/2010 REQUEST FOR COUNCIL ACTION Date: 4 February 2010 Item No. (a Department Approval: , / , Administrator Approval: Agenda Section: Name: Melanie Curtis j�,(� Title: Planning & Zoning Coordinator Item Description: 10-3442, The Emily Program 2180 North Shore Drive -Variances & Conditional Use Permit i Zoning District: RR-1 B, One Family Rural Residential, 2-acres/200' width Lot Area: 25,440 s.f. (0.58 acre) Lot Width: 106' List of Exhibits: Exhibit A - PC Action Notice dated 01/20/2010 Exhibit B - PC Memo & Exhibits of 12/22/09 Exhibit C - Email from Emily Program to the Hill Schott Neighborhood Exhibit D - Neighbor Comment Emails Exhibit E - Property Owners List&Area Map Exhibit F - Draft PC Minutes Application Summary: The Emily Program is requesting conditional use pernjit approval in order to operate a 10-bed, in- patient residential eating disorder treatment facility ithin the existing building on the property, formerly the Hill School. The Emily Program intends t maintain as much of a residential character of the property as possible by limiting signage and ch nges to the exterior finishes of the building which are not consistent with a single family home. Du to the location of the existing building on the property setback variances are also requested. A "ho pital use" requires a 100 foot setback from adjacent residentially zoned properties where the schoo use only required a 50 foot setback. Planning Commission Recommendation On January 19, the Planning Commission recommended approval of the setback variance and conditional use permit limiting the use to 10 beds/clients, The Commission also asked staff to identify findings and conditions for the resolution which would limit subsequent users of the property who may not be as compatible in a neighborhood setting. Planning Staff Recommendation Staff recommends approval of the setback variance and the conditional use permit. COUNCIL ACTION REQUESTED Direct Staff to draft a resolution for approval or enial, and provide staff with any specific recommendations for conditions the Council identifies. Council Exhibit A CITY OF ORONO Z•NING FILE: 10-3442 2750 Kelley Parkway PO Box 66 NOTICE OF P ANNING COMMISSION ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: January 20, 2010 TO: Dirk Miller COPI:S: Via email to Lindsay Brown The Emily Program Lindsav(a�emilvDrogram.com 2265 Como Ave St. Paul, MN 55108 TYPE OF REQUEST: Variances and Conditional Use Permit DATE OF MEETING: Tuesday, January 19, 2010 Planning Commission recommended as followjs: VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: Monday, February 8, 2010 Council Meeting -- Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning & Zoning Coordinator, Melanie Curtis at 952.249.4627. Council Exhibit B Date Application Received: 12/15/09 Date Application Considered as Complete: 12/16/09 60-Day Review Period Expires: 02/14/2010 To: Chair Kang and Planning Commiss on Members From: Melanie Curtis, Planning & Zoning oordinator C Date: 22 December 2009 Subject: 10-3442, Dirk Miller on behalf of The Emily Program 2180 North Shore Drive • Variances & Conditional Use P$rmit • Public Hearing Zoning District: RR-1 B, One Family Rural Residential, 2-acres/200' width Lot Area: 25,440 s.f. (0.58 acre) Lot Width: 106' Application Summary: The applicant is requesting a conditional use permit and setback variances in order to operate an in-patient eating disorder treatment facility for up to 8 clients in the existing building on the prope-ty. Staff Recommendation: Planning Departmen- Staff recommends approval of the setback variances and the CUP to permit the new use as proposed. Pertinent Zoning Ordinance Sections • Sec. 78-418. Conditional uses. Within any RR-1 B one-family rural residential district, no structure or land shall be used for the following uses without a co ditional use permit: (14) Hospitals for human car , sanitariums, rest homes, nursing homes, provided that all buildings re located 100 feet or more from the lot line of any abutting lot in an R istrict. The site shall contain not less than 600 square feet of lot area for ach person to be accommodated. • Sec. 78-1511. Setbacks for parking. Required off-street parking in all districts shall meet the following setback requirements: (1) R districts. Within all R districts,;all vehicles normally owned or kept by the occupants on the premise must have a garage stall or open parking space on the same to as the principal use served... Open parking spaces on lots must ave a location other than a required yard, except that such parking ay be located in a rear yard to within ten feet of an interior side lot lie and to within ten feet of a rear lot line. 1 1 --- FILE#10-3442 22 December 2009 Page 2 of 5 List of Exhibits Exhibit A. Application Exhibit B. Applicant's Narrative Exhibit C. The Emily Program -informational brochure Exhibit D. Existing Survey Exhibit E. Proposed Floor Plan Changes Exhibit F. Aerial Photographs of Property Exhibit G. Property Owners List Exhibit H. Plat Map Background The Emily Program is requesting conditional use ermit approval in order to operate an 8-bed, in-patient residential eating disorder treat ent facility within the existing building on the property, formerly the Hill School. The mily Program intends to maintain as much of a residential character of the property as possible by limiting signage and changes to the exterior finishes of the building Which are not consistent with a single family home. Due to the location of the existing building on the property setback variances are also requested. A "hospital use" requires a 100 foot setback from adjacent residentially zoned properties where the school use only required a 50 foot setback. 1 The property has had approval of several conditio al use permits, some of which are not applicable to the new user. Those approvals are ummarized below: File 2434, Resolution #4187: Permitted a tipi to b located on the property for 12 months File 2235, Resolution #3908: Change in tenancy fOr the Lake Minnetonka Environmental School (current tenant) File 1923, Resolution #3424: Allowed continuation of the then nonconforming fine arts school by conditional use permit, including a variance for continued use of an open parking area located within a required side street yard (along Briar Street) File 1487, No Resolution: Subdivision of a lot'line rearrangement creating separate parcels for the Minn tonka Art Center and the Hill School. File 1365, No Resolution: Request for duplex se File 3139, Resolution #5410: Allowed constructio of a 36' x 30' addition to the existing building. Setback v riances were also granted. File 3139, Resolution #5443: Revised Resolution 5410, granting approval for construction of a later 36' x 45' addition with a second- story. Parking stall numbers were based on the school's needs rather than the building's occupancy. L FILE#10-3442 22 December 2009 Page 3 of 5 LOT ANALYSIS WORSHEET Lot Area/Width RR-1 B Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 25,440 s.f. (0.58 acres) 106' Setbacks I RR-1 B Required Existing Proposed Front 100' 44' No Change Rear 100' 92' No Change Side (west) 100' 21.5' No Change Side Street (east) 100' 41.4' ' No Change Minimum Lot Requirement Based on the hospital use requirement outlined within City Code 78-418(14), the proposed use requires a minimum of 600 squarefeet of lot area for each person to be accommodated. The applicant is proposing an 8 bed facility. 8 x 600 = 4,800 s.f.. The property has 25,440 square feet in area and exce ds this requirement. Hardcover Calculations This property is located outside of the Shorelaihd Overlay District and therefore not subject to the hardcover regulations of Section 78-11288. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light a d air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending app oval for variances from the literal provisions of the Zoning Code in instances wher their strict enforcement would cause undue hardship because of circumstances uni ue to the individual property under consideration, and shall recommend approval o ly when it is demonstrated that such actions will be in keeping with the spirit and intent f the Orono Zoning Code. Side Yard and Side Street Setback Variances Zoning Ordinance Section 78-418 (14) requires hospital uses operating under a conditional use permit maintain a 100' setback from all residentially zoned property. Although the Minnetonka Arts Center exists to th direct west, a 100' setback from the western lot line as well as all other lot lines are r quired due to the RR — 1 B residential zoning surrounding the property. The requirement for open parking spaces in a loc tion other than a required yard (100' in this case) cannot be met on this property. A reviously approved variance for the previous user allowed parking to be located within the required 50'side street yard and a 10' setback is met from the interior side lot line a d rear lot line. As the new use has a greater yard requirement a new variance will ne d to be granted for the parking within the required 100' yard area. FILE#10-3442 22 December 2009 Page 4 of 5 Conditional Use Permit Analysis Zoning Ordinance Section 78-916 allows the Pla fling Commission to recommend that the Council grant a conditional use permit when e idence is submitted to the City making the following findings: (1) The proposed location of the c•nditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; Although setback variances are requested, the d-gree of variance will not increase as there are not proposing to alter the existing st,ucture. The existing building is two stories. (2) The proposed location of the cond ional use and the proposed condition under which it would be operated or maintained ould not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and Staff finds no evidence that the conditional use p rmit would be detrimental to the public health, safety or welfare, or be materially injurio s to properties or improvement in the vicinity. 1 (3) The proposed conditional use wil comply with each of the applicable provisions of this chapter. Aside from the deficient setbacks discussed abo e, the proposed use meets all of the zoning requirements. A building code review will e conducted by the Building Official at the time of building permit submittal for the interio modifications. Required Parking # Of Required Stalls: While there isn't a parking specification for this specific use, Zoning Ordinance Section 78-1516(8) addresses hospitals. A hospital use requires at least one parking stall for each three hospital bed ; requiring the following parking: I 8 beds/3 required stalls = 2.66 stalls Based on the applicant's other facilities in the m tro area they have indicated that the existing 16 stalls will be more than adequate for th it needs. Required Location: Zoning Ordinance Section 8-1511 restricts the location of open parking spaces on lots to a location other than a r quired yard (100' in this case), except that such parking may be located in a rear yard o within 10' of an interior side lot line and to within 10' of a rear lot line. Resolution #3424 for a previous user approved a variance for parking to be located within the required 50' side street yard (with the same gravel area that exists today) and a 10' setback i met from the interior side lot line and rear lot line. As the new use has a greater yard r quirement a new variance will need to be granted for the parking within the required 100' yard area. I I FILE#10-3442 22 December 2009 Page 5 of 5 Staff Comments Staff finds that the proposed use is compatible wi h the requirements of 78-418(14) and the applicant is able to meet the conditions outlin d within the code. As the applicant is proposing to utilize an existing building — a buildin with some local historic value — staff finds the setback variance request is reasonable. Further, the proposed use will result in fewer veh cle trips to and from the site than the previous occupant and in particular will eliminat the high-traffic times of the former occupant. Residents will typically come and go a a group on an outing or other activity in a single vehicle. Clinicians and employees are small in number and visit at staggered times as the facility runs on a 24-hour schedule. Issues for Consideration Is the building setback or parking variance request compatible with the surrounding properties? Are there any other issues or concerns with this a4plication? Staff Recommendation Planning Department Staff recommends approval of the conditional use permit with variances for The Emily Program as proposed. PC Exhibit A I Application# 1,0 -31 2— Date Received I i--LS--Oq Amount Paid t 14OD CITY OF O ONO CONDITIONAL USE PERMIT and OTHER LAND USE APPLICATION PROPERTY LOCATION Site Address Z)ssb lk)or--h 4lnore DrwP Ovonpi VV1iN 5551 Type of Application to be Filed Ln)Ad i 4-i aria\ tic-e Pr.vrv'\- - Property Identification Number(P.I.D.) 1p— 1\--1— 2,3_ 31— ndct g APPLICANT Name "-Wye, £r.r•\ PQovr et m, s).%r1- '�1\e r Phone (home �52. 5 . 33o Phone(work) (05i .3-iot. 10111 Address 2uo5 Cov,no Av-evw...e City Sk . pa.u\ Zip Sc.tO g (worlr._) OWNER(if different than applicant) Name }- j11 Sr\r,r,c1 f Vir;5*-e1'1 -Tr.)\\ -Cscp K' Phone (MOM) 412. Sort. 58°t2.... Phone (work) tl1 Address 2)So NbrkL, SIr1bte ()nut, City Oror-,p Zip SS3°t 1 Date Pro•ertyAcquired c-ebK,tu.y-Ls 0.bo2 (month/year) I (do) .s no also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS- $700.00 Residential Accessory Use X $700.00 Institutional (church, school,et.) $700.00 Guest House/Guest Apartments • $700.00 Duplex $700.00 Commercial/Industrial Use $700.00 Land Alteration Permit Grading and filling -designated wetland jor floodplain Grading and filling -501 cu. yd. or more plus$700 Escrow Grading, seawall, retaining walls within 75' of lakeshore- -- $350.00 Renewal Fee(IF no change from original application) After-the-Fact Fee- Double Current Application Fee OTHER APPLICATIONS )no-\--6IA Gh c c 1L $700.00 Commercial Site Plan Review, PLUS consultant fees , t-ICo Commercial Site Plan Review Escrow, $10,0001minimum $200.00 Easement Vacation, with Subdivision pplication $700.00 Easement Vacation without Subdivisio Application N3 -)00 t_e � ,ke-Q. $700.00 Rezoning \6 .—e v a c\--) $700.00 Comprehensive Plan Amendment "i" o`^"1 QX' $100.00 Appeals Itt5;1\'' $700.00 Zoning Code Amendment RPUD/PUD/ PRD/PID -see Fee Schedule Other-see Fee Schedule RECEIVED DEC 1 4 2009 CITY OF ORONO CUP and Other Land Use Applications Last Updated: May 22,2009 8 # 3442 REQUIRED SUBMITTALS 1. ./ Completed Application Form. 2. ✓ Describe request in detail. 3. V Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910). 4. ynga. Certificate of Survey(signed by a licensed surveyor)- refer to handout for survey information. 5. via, Attach legal description to application if not included on required survey. 6. ,nick Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). dive,�Yd 7. ✓ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. ✓ Construction plan, if applicable (see staff for requirements). 9. ✓` As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. to , Pro o rwrr, b vo c1n to�e YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11"X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature beals,„<„ Date 12- . Z. Oct OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature lif / Date / Applicant must have all submittals into the Ci ffices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building &Zoning Office of this change prior to the meeting. RECEWED DEC 1 4 2009 CUP and Other Land Use Applications CITY OF ORONO . Last Updated: May 22,2009 92 (01) PC Exhibit B The Emily Program Personalized treatment for eating disorders. Request Description Conditional Use App ication Please accept The Emily Program's Conditional Use Pe mit request to provide residential eating disorder treatment at 2180 North Shore Drive in Oron , Minnesota. The Emily Program's eating disorder centers care for persons with anorexia, bulimia and eating disorders not otherwise specified (EDNOS). Our organi ation believes that the former Hill School site in Orono would offer a peaceful, healing en ironment for eating disorder recovery. We request a Conditional Use Permit under Orono Mu icipal Code (Chapter 78,Article 4, Division 6, Section 418, Number 14). This section allow "hospitals for human care, sanitariums, rest homes, nursing homes..." to operate in the RR-1B oning district. The Emily Program's residential eating disorder treatment center fits this conditional use description. We offer 24-hour care for persons with eating disorders. Residents in treatment focus on recovery in a safe, ho elike, supportive environment integrated with the community. This integration with c mmunities has been successful in Chaska, Minneapolis and, soon, at our new 16-bed resi ential facility which opens in the St. Anthony Park neighborhood of St. Paul in February 201 . The Emily Program specializes in personalized eating di order treatment, since recovery happens in different ways for different people. The pro ram seamlessly integrates psychological, nutritional, medical, psychiatric and complementary therapy treatments in a holistic, comprehensive approach, all in a nurturing, e powering environment. Our passionate, experienced staff works with great empathy and skill t help people recognize and change destructive, unhealthy behaviors and assimilate positiv , healthful coping mechanisms as part of a whole,joyful life. We appreciate your consideration of our Conditional U e Permit request. RECE "e;ED , 3 144 . Main Phcme:(651`64;.`5323 gig ue www.emilyprogram.com p .EXHIBIT C • The Emily Program Personalized treatment for eating disorders. 1-4 s rk 1 3 Eating disorders. There's help... { ICI • �rf A zv` ...there's hope. } The Emily Program The Emily Program provides comprehensive personalized care for people with eating disorders and related concerns; offering a wide range of eating disorder treatment services. Answers to the Problem Personalized Treatment Approach : —°R Unhealthy attitudes towards body size can begin to interrupt a Our team of caring professionals provides a personalized trec --' p: rrra '$k persons thought patterns and lead to an obsessive concern comfortable setting that addresses all facets of the eating disorder.Across all about food and weight.These concerns can result in one of the programs and services, individuals remain connected to their outpatient team following eating disorders: while learning to regain control, restore hope, and recover health. • Anorexia Nervosa The Emily Program facilitates successful treatment and recovery through: • Bulimia Nervosa • EDNOS • A staff extensively experienced in the treatment of eating disorders. • Binge Eating Disorder/Compulsive Overeating • A personalized treatment plan to address specific nutritional, psychological and medical needs. People who suffer from eating disorders often share these • Conveniently located and comfortable settings. characteristics: Commitment to Education and Research • Excessive weight consciousness and dieting We are committed to raising awareness of eating disorders and disordered • Distorted body image eating across the community.We are actively engaged in learning more about • Low self-esteem the genetic,biological, psychological,and socio-cultural influences on individuals • Mood swings with eating disorders and their families.We believe in advocating for change in those societal factors that make recovery more difficult.The Emily Program initiates • Depression and collaborates on numerous research projects to better understand, promote, • Social withdrawal and develop high-quality eating disorder prevention and intervention strategies. Fortunately,eating disorders can be managed and successfully The Emily Program offers education and training to a diverse audience through: treated.With a clear sense of the problem, the shame and secrecy associated with the eating disorder can be eliminated. • Expert eating disorders education and awareness seminars across the region Treatment can help restore positive self-image, improved self- in a variety of settings including schools, colleges, medical and dental esteem and hope for the future practices, and health and community groups. • Advanced training for health professionals. • Collaboration with community groups to promote eating disorder awareness. 1 wY? taxy� A 't.: Irv' JF" ¢�„ h �W P , -..!'zed Treatment C,.�:,,.. Ar . ' A k F : The Emily Program develops a personalized plan by combining one or more of the following services: 11 II Group Therapy and Support Groups Groups meet to share common experiences to alleviate feelings of shame and isolation. Sharing common experiences breaks these barriers and inspires To deliver the best in personalized treatment for eating disorders self-understanding as each person learns to identify unhealthy patterns and develop healthy alternatives. and related concerns in the region. Intensive Outpatient Programs Our intensive outpatient programs are designed for clients who require a The Emily 111) Program offers a wide range of eating disorder treatment more structured program to interrupt they symptom use.These flexible services to individuals concerned about their relationship with food programs allow people to continue their everyday activities such as work or and/or body. Our work is grounded in respect for each person school. Intensive outpatient programming includes three or four sessions and the belief that the therapeutic relationship is an important agent during the week and a session on Saturday that also involves family/support of change. By providing individualized, personalized care in a people.The intensive outpatient programs combine group therapy, meals, variety of settings, we help people recognize and change experiential therapy, meal planning, psychoeducation and family therapy. destructive, unhealthy behaviors as they learn to adapt and assimilate positive, healthful coping mechanisms as part of a whole, joyful life. Individual Psychotherapy By exploring underlying emotions and interpersonal factors that contribute to an eating disorder, each person works with our therapists to replace uncontrolled behaviors and negative feelings with a strong sense of self We have the highest quality staff that provides the best in and positive self-esteem. personalized, flexible, individualized care across the eating disorder spectrum in the least restrictive manner possible. Our treatment Nutritional Evaluation and Counseling decisions are informed by research, community standards, and sound clinical judgment. We are deeply passionate about the Our registered dietitians help people develop healthy, normal eating patterns integrity of our work, providing excellence in delivery of care, through education and behavioral self-management. Nutrition counseling,0 advocating for social change in an environment that supports education and meal planning are tailored to each individual client's needs to wellness, and maintaining the program as an excellent place to help them to interrupt symptom use and regain trust in their body's ability to receive care as well as a rewarding place to work. regulate eating. Family Therapy Family therapy sessions explore and improve long-standing patterns of • Passion for what we do. communication between family members.These sessions provide awareness of common issues and roles and help the person with the eating disorder to • Integrity in how we do it. recover.Affected family members also receive support. • Respect for those we serve. • Service delivered in the way that works best for our clients. Intensive Day Program 1, The Intensive Day Program is a full-day outpatient program for individuals needing intensive treatment, support and structure or individuals stepping down from more intensive programming, such as inpatient or residential care. • Providing therapeutic interventions that help people to This program meets each weekday and includes programming on Saturday change their lives. that also involves family/support people.The intensive day program combines group therapy, supported meals, nutrition education and • Offering personalized care to each client for as long as they counseling, medical management, experiential therapy, meal planning and need it, supported by passionate, experienced staff working psychoeducation. Families and support persons are involved in the program in the setting that best suits them. through psychoeducation groups, family meals and family therapy. • On-going education/training, integrated quality improvement, and research across all programs. Residential Program • Promoting the program as the choice for treatment through The Emily Program is partnering with the Anna Westin Foundation to offer strong community relationships, effective public relations, residential treatment at the Anna Westin House in 2007.This residential f and word of mouth. ,program will be a place of hope and healing where young women with eating disorders can focus on recovery in a peaceful, supportive environment integrated with the community. Since recovery happens in many different ways for different people, treatment will be personalized for each individual. As such, the overall therapeutic model will be holistic, non-exclusive and utilize a variety of treatement approaches and experiences. Find Help and Hop If you or someone you know needs help with an eating disorder, please contact The Emily Program today for a confidential evaluation.Call (651) 645 5323, or visit our website at www.emilyprogram.com. 5 Minnesota Locations The Emily Program is conveniently located in St. Paul, St. Louis Park, Stillwater, Burnsville,and Duluth 2265 Como Avenue.Suite 100 350 West Burnsville Parkway St.Paul,MN 55108 Suite 629 Burnsville,MN 55337 1660 S.Highway 100,Suite 250 St.Louis Park,MN 55416 Intrepid Building 230 East Superior Street 200 E.Chestnut St.,Suite 202 Suite 202 Stillwater.MN 55082 Duluth.MN 55802 Insurance payments are accepted, and our staff is happy to assist with insurance submissions. w i,i - O 'V] (D'6 -' '-o_. L. N ro(D. .N !--'cn . r' C'" V] V] V, O .. x� i dY o a o t 5 (2.Fo, O 7,' n -mG x 'A .0` a° O ° 7 o ° - ° c � ronaCm -`iw _ ox w e P c O ° 0 rn •C 1:3 ro N St N'< �! O O� 9-OTr O .(D `„'- O \ , a 5. d O• N c q, ro 3 0'< , E.a. 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ID') , '- , C Se.. ,''.': 'T 2 0 0 ,..t.t til. t,_) 4") . , , ., „. _ . - , . -. .. ---....-, •JO s _I RUN DATE: 12/8/2009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PC Exhibit G 38 10-117-23 23 0004 38 10-117-23 310016 38 10-117-23 31 0017 CLARK J WINSLOW ET AL M C MADDIE&M MADDIE M MADDIE&M MADDIE 38 ADDRESS UNASSIGNED 2150 PROSPECT AVE 2160 PROSPECT AVE SHARON&CLARK WINSLOW MICHAEL C MADDIE MICHAEL&MELISSA MADDIE 1205 FRENCH CREEK CIR 2150 PROSPECT AVE 2160 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 31 0018 38 10-117-23 31 0019 38 10-117-23 31 0049 MICHAEL MADDIE D&K BECKER CRAIG S BLEEKER/AMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST MICHAEL MADDIE DONALD&KATHERINE J BECKER CRAIG S BLEEKER/AMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 31 0050 38 10-117-23 31 0051 38 10-117-23 31 0052 P F&L KALEY BARBARA J GARCIA G C PETERSON&J H PETERSON 1395 BROWN RD S 1335 ARBOR ST 1355 ARBOR ST PHILIP KALEY BARBARA J GARCIA GREGORY&JULIANNE PETERSON 1395 BROWN RD S P O BOX 114 1355 ARBOR ST WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 10-117-23 31 0053 38 10-117-23 31 0054 38 10-117-23 31 0055 JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 1385 ARBOR ST JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 2562 WESTERN AVE N WAYZATA MN 55391 PO BOX 161 ROSEVILLE MN 55113 CRYSTAL BAY MN 55323 38 10-117-23 31 0056 38 10-117-23 31 0057 38 10-117-23 31 0058 LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR 1335 BRIAR ST 2195 PROSPECT AVE LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR P O BOX 175 2195 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 P O BOX 104 CRYSTAL BAY MN 55323 38 10-117-23 31 0098 38 10-117-23 310101 38 10-117-23 31 0103 LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO E E NIELSEN&J K JOHNSON 2180 NORTH SHORE DR 1335 BROWN RD S 2140 PROSPECT AVE LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO ERIC E&JENNIFER K NIELSEN 2180 NORTH SHORE DR BOX 66 2140 PROSPECT AVE BOX 54 WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 32 0019 38 10-117-23 33 0006 ART CENTER OF MINNESOTA GREGG W/DENISE E STEINHAFEL 2240 NORTH SHORE DR 2285 NORTH SHORE DR MINNETONKA CTR FOR THE ARTS GREGG W/DENISE E STEINHAFEL R E G E E*.Pl D 2240 NORTH SHORE DRIVE 2265 NORTH SHORE DR E WAYZATA MN 55391 WAYZATA MN 55391 DEC 1 4 2009 CITY OF ORONO I CERTIFY THAT THE FACTS REPRESE r-I ARE ACC ' •TE AND TRUE':PRESENTATION OF INFORMATION AS IT APPED (JHR f)A'/IE�4 THE''CO'� O' E HE EP t COUNTY T••, 'AYER SERVICES D?PARTMENT. DATE: uu���� uu ��u�u�dd BY / , / 1, Of A DEC 08 2009 " E # 3 l PC Exhibit H "II Hennepin County Mailing Label Map Provided By: Taxpayer Services Department +s 1l 1.._ C163 1103) I �] '! r 14I r' {Olt � l ar } jJ f 2 ./ PRO PELT AYE ,,t �' a I I \\N - I 10-117-23-31 i \ / /itt 1 II / . . t' 16 III s 3= o j' �f O.P I'13 - A 140 166) J �� / / 16t II a Q Af {{ r ' �)„, .B miei t I� y'! ----.. 4' « I:I J f l,! a Ltti 6 'L`^-ti i , j , i x 'ss 1 ' r + i.r E l "s. NO $SHOPE i_•.s, 1I i r / 1! i / F I' Il rl K ` MI 10-117-23-33 10 117.23.34 f, / 1 i3) l' 00 For more information contact: Print Date: 12/8/2009 Hennepin County GIS Division r'Aap Legend 300 South 6th Street Map Scale: 1" = 149' Minneapolis,MN 55487 Buffer Size: 350 feet gis.info@co.hennepin.mn.us Watei Majoi Roads l Park Minot Roads Map Comments: I Parcel J Buffet Region ‘,1/-Type Comments Here - T, i Selected Parcels r� - " HENNEPfN rr,r r 411� 'li 6 1 RECEIVED DEC 1 4 2009 # 3 442 eITY OF ORONO Council Exhibit C Melanie Curtis From: Lindsay Brown [lindsay@emilyprogram.com] Sent: Monday, February 01, 2010 4:20 PM To: Cc: Melanie Curtis; 'Dirk Miller' Subject: RE: New Occupant of the Hill School - Please read! Dear Hill School Neighbors, I'd like to thank those of you who have commented on The Emily Program's plans to purchase the Hill School. Many of you expressed support for The Emily Program's mission, while asking thoughtful questions about our impact on your neighborhood. These concerns show you to be a community that values its citizens and feels strongly about protecting its unique quality of life—the very characteristics that attracted us to this setting. We hope many of your questions about The Emily Program will be answered during the Feb. 8 Orono City Council hearing on our request for a conditional use permit. Until then, we want you to know that The Emily Program is not a nw entity. We have been growing successfully since 1993 and have a proven track record both as a leader in innovative treatment of eating disorders and as a good neighbor. We believe that healing occurs in the real world—not behind walls.Clients (and staff) in our residential treatment programs become part of the community in which they live—they go on outings to local grocery stores and restaurants; enroll in enrichment classes in art and horticulture; frequent local businesses; volunteer and collaborate with local organizations; and more. While it is important that our clients participate in community life, this participation is highly structured and supervised. We are not a half-way house. Our clients' days are filled with treatment-related services and activities which include individual and group therapy as well as complementary and holistic programs like yoga, music therapy and meditation. When clients leave the house for outings in the community, they are accompanied by a member(or members) of our treatment team. Destinations might include the beautiful setting at the Noerenberg Gardens and or a visit to the nearby Minnetonka Center for the Arts. But for their own safety, they would never be out in the community alone, i.e. concerns that they may visit a playground, for example. In response to comments expressed about the treatment center's proximity to young children, part of The Emily Program's mission is to advocate for our daughters (and sons) and help them grow into strong, healthy, confident young people. Our staff members regularly reach out to the community by speaking to students, parents, teachers and health care professionals to raise awareness of eating disorders and related body image issues. We are committed to work toward change in societal factors that make recovery difficult. Again, we look forward to responding to your concerns about The Emily Program's presence in your neighborhood. We are anxious to tell you about the important role The Emily Program and this residential treatment center, can play in helping young women heal and go out to lead whole, healthy and •roductive lives. Best regards, Lindsay M. Brown The Emily Program (651) 379.6130 Council Christine Mattson Exhibit D�� From: Rachel Dodge Sent: Tuesday, January 19, 2010 8:20 AM To: Christine Mattson; Melanie Curtis; Evelyn M. Turner; Mike Gaffron Subject: FW: For the Planning Commission hearing on Tues Jan 19th Importance: High I got this via e-mail. Rachel Dodge 1952.249.4603 i 952.249.4616 Deputy City Clerk/Webmaster From: ahprintup@aol.com [mailto:ahprintup@aol.com] Sent: Monday, January 18, 2010 11:26 PM To: Rachel Dodge Subject: For the Planning Commission hearing on Tues Jan 19th Ms. Dodge, Can you forward this to the appropriate people regarding a Public Hearing #10-3442, The Emily Program, 2180 North Shore Drive. I hope this makes it to the Commission in time... My name is Aaron Hale Printup. I live at 2195 Prospect Ave in Crystal Bay with my 14 month old Daughter. I have lived in this house for nearly 3 years, but I have lived in this neighborhood all of my life. Growing up, the Hill School has been a place of learning. Not just for Education as it has for the past several years, but a place for many types of classes. I received notice the other day that "The Emily Program" is looking to make it a treatment facility. For Historical and logistical reasons, I am Opposed to this. I do not know what age groups are targeted for treatment. I do not know if they are Court ordered for treatment. I don't know enough to support the idea of this facility. I have worked with Community Corrections for ten years and I have seen how people act when they are Court ordered for treatments they do not adhere to. They make poor choices and in far to many cases they will simply quit and walk away. I do not want even the smallest percentage of chance that someone makes the poor choice to walk away from their in- patient program and ends up walking thru properties or homes in this neighborhood. Thank you for your time. Aaron H. Printup 1/'/2„.. Melanie Curtis From: Maddie, Mike [Mike.Maddi Sent: Thursday, January 28, 2010 11:26 AM To: Melanie Curtis Cc: Subject: - : New Occupant of the Hil Sc ool - Please read! Melanie— Pursuant to my wife's email, I personally have reservations about the Hill School property being converted into a treatment facility. While the Emily's program charter is truly exceptional in nature, I am concerned about having a treatment facility located ... literally ... in our residential neighborhood within such close proximity to our homes and children. The Hill School is truly a unique property and its history and architecture is considered a unique cornerstone of our neighborhood. It's truly a unique feeling having such a historical building located in our neighborhood. However, given the permit request and the location of the property in our neighborhood, I'm very,very uncomfortable with the request. While I support the charter of the Emily Program, my perspective is a business of this nature needs more property to create a comfortable separation of space and feeling of security for the surrounding residential community. An example to which I speak is the Retreat Rehab Facility in Wayzata which is located on several acres of property and surrounding by woods which separate it from the residential neighborhood. I worry even more should the program close its doors. Is this does happen, we as a community open ourselves to other rehab treatment programs moving into the property as a result of the conditional use permit. Therefore, I am respectfully requesting that the planning commission deny the conditional use permit for a treatment facility, of any kind, for the Hill School property. I ask that you please consider this request as a municipal member serving the best interests of the community, and also from the perspective of a parent with children who lives within feet of this property. I would be grateful if you would kindly accept this email as a formal objection to the conditional use permit. Thank you for consideration on this matter, Mike Maddie From: melissa_maddi Sent: Thursday, January 28, 2010 10:21 AM To: Cc: Subject: New Occupant of the Hill School - Please read! Greetings friends and neighbors! Like many of you, I recently received a letter in the mail from the Emily program who are interested in moving into the property at 2180 North shore drive (the Hill School). After reading the letter, I thought this was a done deal and didn't think I could have any input. A few days ago, I contacted Lindsay Brown (651 379-6130) at the program with some questions on how this new development would affect our neighborhood and found out some interesting facts that I thought I'd share with you. She was very helpful and let me know that the program is planning a 10 bed inpatient resident program for women with eating 1 disorders. They aren't planning any changes to building except landscaping. This program is voluntary, the building is staffed 24/7 but is not a lock down type of facility. The Emily program needs to receive a 'conditional use' zoning permit from the city in order to operate at 2180 North shore drive. The Hill school property is currently zoned to be a residence or a school. The city council has to approve the conditional use request and is scheduled to do so at the Feb. 8th meeting. Once the request is passed, it stands. This means that any entity that meets the requirements of the permit can move in. The planning commission met in January to hear the request and review all documents - you can see the meeting notes and the actual request at this site: http://www.ci.orono.mn.us/Official%20Meeting%20lnformation/2010%20Agendas/Planning/01-19- 10%20Complete%20Packet/Planning%20Commission%20Agenda%2001-19-2010%20Full%20Packet.pdf The Emily program request starts on page 279. It is project 10-3442. I talked to Melanie Curtis at the planning commission yesterday and asked her a bunch of questions. She was very helpful as well. I found out that we do have the ability to voice our thoughts on this new permit. The request will not pass until the city council vote and we can attend this meeting, voice any objections, and/or write a letter of objection. Melanie also let me know that the conditional use request can't be written specifically to the Emily program or be for a specified period of time. This means, that should the Emily program decide to move out, any business that meets the requirements can move in. This is my concern. While I don't feel any objection to the Emily program per se, I'm worried about what might move in should this program fail. So, I plan to write a letter of objection and attend the meeting. I'd like the zoning to remain a house/school. If that can't happen, I really think the language of the permit needs to be as specific as possible to exclude anything that would be a detriment to our neighborhood, park and kids. I'm not an expert, but as things stand right now, I don't see any obstacle to a lock down facility - really, any kind of rehab or group home, moving in. A letter of objection should be sent to Melanie Curtis, Planning and zoning coordinator at 2750 Kelley Parkway, Orono 55356. Her phone number is 952.249.4627. Please pass this onto anybody you think might be interested. Thanks! Melissa Maddie 2150 Prospect Ave 952.476.1323 2 b3 Melanie Curtis From: Amy Beth Butleriallanallanialla Sent: Monday, February 01, 2010 4:56 PM To: Melanie Curtis Cc: Craig Bleeker Subject: Project 10-3442: Emily Program To: Melanie Curtis, Planningand ZoningCoordinator I live at 1380 Arbor Street within close proximity to the Hill School location. I am writing in support of the Emily Program being granted their conditional use zoning permit. I understand that neighbors of mine are expressing concern re arding this permit and frankly, I am saddened by this. When we moved into our house nearly four years ago, w were welcomed with open arms. Ours is a very giving neighborhood with truly nice people living in it. Closi g our door to people in need, which denying this permit would do, does not exemplify the many good qualities f our neighborhood. If it were my friend or family member who needed such help, I would want them to e able to be treated in a respectable, pleasant neighborhood, such as ours. It is my belief that people seeking any type of treatment are to be encouraged, not feared. I recognize they live in our communities and would personally much rather have them treated, rather than left un-treated. The more neighborhoods say "no" to such facilities, the harder it becomes for individuals to get the help they need. In summary, I have a young daughter that I plan on teaching tolerance and compassion- I don't believe these qualities are situational. Amy Bleeker P.S. It should be noted that I am not affiliated with the Emily Program in any way. It is unlikely that I will be able to attend the upcoming meeting. If you have any additional questions for me, I can be reached by cell phone at(651) 231-5356. • Melanie Curtis From: G Peter�� Sent: Monday, February 01, 2010 5:25 PM To: Melanie Curtis Subject: From Orono Website: Regarding the Emily Program CUP/Re-zoning Dear Ms Curtis, We reside at 1355 Arbor St and our property rear abuts Briar Av; therefore, the request for zoning variance/CUP by the Emily Program impacts our property very directly. We support the present organization's request to utilize the Hill School for residential in-patient treatment of persons with eating disorders. HOWEVER, we are very concerned that this re-zoning might have unintended future consequences. Another type of in-patient residential treatment program could well follow the Emily f rogram but be far less desirable, especially in an almost exclusively residential area with many children...and in very close proximity to the park on Arbor St frequented primarily by children. Persons with eating disorders do not carry the kind of stigma that would be true of other persons requiring in-patient residential treatment. Orono would certainly not support a treatment center for sexual or drug addiction, would it? If this change in zoning MIGHT result in another, far less desirable group applying for and receiving permission to take up residence in the Hill School, then my wife and I would most assuredly be AGAINST REZONING. Unless there can be a guarantee that no unsavory type of treatment groups could be placed in the Hill School, Julie and I respectfully stand against the present zoning change. IF the ordinance can be written in such a way as to require any future occupants of the Hill School to re-submit an application for re-zoning, then we would support the Emily Program. In essence, we are requesting that the city issue a CUP that may be revoked and which does not stand in perpetuity. Short of that kind of guarantee against very much undesirable occupants taking up residence literally in our backyard, we must register strong objection to re-zoning. Sincerely concerned, Gregory and Julianne Peterson 1355 Arbor St 952-475-3261 PS We are very upset that the city did not perform its duty in notifying us of these scheduled meetings. We received information ONLY from Ms Brown of the Emily Program but nothing from the city, as is required by law. 1 Co uncil RUN DATE: 12/8/2009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) Exhibit E ( 38 10-117-23 23 0004 38 10-117-23 31 0016 38 10-117-23 310017 CLARK J WINSLOW ET AL M C MADDIE&M MADDIE M MADDIE&M MADDIE 38 ADDRESS UNASSIGNED 2150 PROSPECT AVE 2160 PROSPECT AVE SHARON&CLARK WINSLOW MICHAEL C MADDIE MICHAEL&MELISSA MADDIE 1205 FRENCH CREEK CIR 2150 PROSPECT AVE 2160 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 310018 38 10-117-23 310019 38 10-117-23 31 0049 MICHAEL MADDIE D&K BECKER CRAIG S BLEEKERJAMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST MICHAEL MADDIE DONALD&KATHERINE 1 BECKER CRAIG S BLEEKER/AMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 31 0050 38 10-117-23 31 0051 38 10-117-23 31 0052 P F&L KALEY BARBARA J GARCIA G C PETERSON&J H PETERSON 1395 BROWN RD S 1335 ARBOR ST 1355 ARBOR ST PHILIP KALEY BARBARA J GARCIA GREGORY&JULIANNE PETERSON 1395 BROWN RD S PO BOX 114 1355 ARBOR ST WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 10-117-23 31 0053 38 10-117-23 31 0054 38 10-117-23 31 0055 JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 1385 ARBOR ST JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 2562 WESTERN AVE N WAYZATA MN 55391 PO BOX 161 ROSEVILLE MN 55113 CRYSTAL BAY MN 55323 38 10-117-23 31 0056 38 10-117-23 31 0057 38 10-1 17-23 31 0058 LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR 1335 BRIAR ST 2195 PROSPECT AVE LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR P O BOX 175 2195 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 P O BOX 104 CRYSTAL BAY MN 55323 38 10-117--23 31 0098 38 10.117-23 31 0101 38 10-117-23 31 0103 LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO E E NIELSEN&J K JOHNSON 2180 NORTH SHORE DR 1335 BROWN RD S 2140 PROSPECT AVE LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO ERIC E Sc JENNIFER K NIELSEN 2180 NORTH SHORE DR BOX 66 2140 PROSPECT AVE BOX 54 WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 32 0019 38 10-117-23 33 0006 ART CENTER OF MINNESOTA GREGG WJDENISE E STEINHAFEL 2240 NORTH SHORE DR 2285 NORTH SHORE DR MINNETONKA CTR FOR THE ARTS GREGG W/DENISE E STEINHAFEL R e 1•. 2240 NORTH SHORE DRIVE 2265 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 DES. I 4 2009 CITY Y OF ORONO I CERTIFY THAT THE FACTS REPRESEN ARE ACCU TE AND TRUE R PRESENTATION OF INFORMATION AS IT APPEtHffti)Ai LUUJ R S THE CO 0 E HE EP COUNrAXEERVICES DEPARTMENT. DATE: BY nu 08 2O09 �'--� f nHennepin County Mailing Label Map Provided By: Taxpayer Services Department as --__ _a -tit__,..........d oil owl o'r / [----- i,! 'r #3:} ttctiI ._ 1 I 10-117-23-31 ! tut I • , 10.117-23.32 437 ..-- (). I WI IT 154) I I 1 t % i� l� / 1. 10.117-23-33 4I 10 117.23-34 /1 isi IcI For more information contact: Print Date: 12/8/2009 Hennepin County GIS Division Map Legend 300 South 6th Street Map Scale: 1" = 149' Minneapolis,MN 55487 gis.info@co.hennepin.mn.us Buffer Size: 350 feet Water 1rta7oi Roads Pail: Irtinoi Roads Map Comments: Parcel i. -Type Comments Here Buffer Region Se.let ted Pastels . i01 "'"�"��R HENNEPIN ' Mapp,ec RECEIVE '.;. DEC 14 2O09 *I i Y OF ORONO Council MINUTES OF HE Exhibit F ORONO PLANNING COMM SSION MEETING Monday,January 8,2010 66:30 o'clock p m. • the docks for each lot be changed to require conformanc with Lake Minnetonka Conservation D. ict reg i •tions. Madalyn Epp .ted she had nothing to add to Staff's rep rt. Chair Kang opened the • s lic hearing at 7:45 p.m. A neighbor stated since 1974,w • ' they originally purchas d this : operty on a contract for deed,they have been paying taxes on the prope • question and that t : • are unsure what to do about that and that he would like to receive reimbursement fo •.t. Kang stated she is unsure whether there is a proc-- gat he could follow to get reimbursement. Turner suggested he contact the Hennepi. ounty Assessor II ffice to determine how the taxes are separated out and whether the value • of 16 was includedwit •- house. Chair Kang closed the public • aring at 7:46 p.m. Kang indicated this is . •retry straight forward application lid that she does not : e any issues with it. Schwingler mi •d,Schoenzeit seconded,to recommend approval of Application 11 441,Magdalen M.Pidgeo rust,Madalyn J. Epple Trustee,325 Eileen Street,subdivision,subject , the Pidgeo I rust parcel,one, being combined with Lot 2,dock 1,Riedel Company Stubbs Add' on by either a tax parcel combination or a special lot combination and,two,the docks . • in • formance with the Lake Minnetonka Conservation District regulations. VOTE: Ayes 6,Na' 0. 10. #10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,2180 NORTH SHORE DRIVE,VARIANCES & CONDITIONAL USE PERMIT,7:47 P.M.-8:12 P.M. I Dirk Miller, Applicant, was present. Curtis stated the applicant is requesting a conditional use permit and setback variances in order to operate ,;in-patient eating disorder treatment facility for up to eight clients in the existing building on the proper . The Emily Program intends to maintain as much of a residential character of the property as possible by limiting signage and changes to the exterior finishes of the building which are not consistent with a single family home. Due to the location of the existing building on the property, setback variances are also requested. A"hospital use"requires a 100-foot setback from adjacent residentially zoned properties*here the school use only required a 50-foot setback. Based on the hospital use requirement outlined within City ode 78-418(14),the proposed use requires a minimum of 600 square feet of lot area for each person to be accommodated. The applicant is proposing an 8-bed facility. The property has 25,440 squar feet in area and exceeds this requirement. )The requirement for open parking spaces in a location other than a required yard cannot be met on this property. A previously approved variance for the previous ser allowed parking to be located within the required 50-foot side street yard and a 10-foot setback is m t from the interior side lot line and rear lot line. As the new use has a greater yard requirement, a new ariance will need to be granted for the Page 10 MINUTES OF HE ORONO PLANNING COMM ISSION MEETING Monday,January 8,2010 66:30 o'clock p m. parking within the required 100 foot yard area. The proposed location of the conditional use is in accord w the objectives of the City's conditional use permit and the purposes of the district in which the site is 1.cated and the comprehensive municipal plan. Staff also finds that the proposed location of the conditiona use and the proposed condition under which it would be operated or maintained would not be detriment.l to the public health, safety or welfare, or materially injurious to properties or improvements in the vi, inity. The proposed conditional use will comply with each of the applicable provisions of Zoning 0 dinance Section 78-916. Staff finds that the proposed use is compatible with the req irements of 78-418(14)and the applicant is able to meet the conditions outlined within the code. As he applicant is proposing to utilize an existing building, a building with some local historic value, staff finds the setback variance request is reasonable. Further,the proposed use will result in fewer vehicle trips t; and from the site than the previous occupant and in particular will eliminate the high-traffic ti es of the former occupant. Residents will typically come and go as a group on an outing or other acti ity in a single vehicle. Clinicians and employees are small in number and visit at staggered times as the facility runs on a 24-hour schedule. Planning Staff recommends approval of the, .nditional use permit with variances for the Emily Program as proposed. Schoenzeit asked whether any future changes in the use of tiffs property would require the application to come back before the Planning Commission. Curtis noted there are some specific conditions directed at the current applicant that makes the conditional use permit somewhat unique. Curtis indicated if a different school came in that met all the same conditions,they would not have to appear before the Planning Commission. Kang asked whether the Planning Commission can limit th=number of beds. Curtis stated the Planning Commission does have the abili to limit the number of beds. Miller stated he would like to make one correction in Staff' report and that it is a ten bed facility rather than an eight bed facility. Tom Betti,Designer, indicated that would still work with all the setbacks. Miller stated in his view this is a great use of the property fir the neighborhood. They have been in contact with all the neighbors within 300 feet of the facility and that the majority of the neighbors are supportive of the project. They would be working in conju ction with Hennepin County. Kang asked whether this would be a court-ordered facility. Miller indicated the residents would check in voluntarily. he Hennepin County Attorney's Office has a separate section for eating disorders and The Emily Progra ti works directly with them. Hennepin County has developed a program called Community Commitment, hich recommends not sending someone to a Page 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 66:30 o'clock p.m. locked psychiatric ward for this type of problem. The patie►ts would be there for approximately five months and there is licensed staff on hand at all hours of the day. The Emily Program also works with Methodist Hospital. Chair Kang opened the public hearing at 8:02 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 8:02 p.m. Rice commented in her view it is a good use of the buildin!j. Feuss stated she also is in agreement with the proposed use of the building. Kang noted there would probably be less traffic under thistlse than there was with the Hill School. Curtis stated she would discuss this application with Citytorney Mattick to see whether this conditional use permit could be limited to this specific applicant. Schoenzeit recommended that this not be a locked facility. Kang indicated she would also like it limited to a ten bed facility. Kang stated she would like to maintain the residential character of the area. Miller stated they want to have a safe, attractive building, and that they will be a good neighbor. Schoenzeit noted that very few neighbors live within 300 fe t of the building. Kang noted the City did receive a letter from one resident o posed to the project. Curtis indicated the applicant did go around the neighborhood and meet with as many of the residents as possible even outside the 300 foot limit and discussed the project with them. Kang stated in her view this is ajow key use for this area. Kang noted the letter in opposition to the project was by Aaron Hale Printup, 2195 Prospect Avenue. Miller noted that the use being proposed here is completely different than court ordered programs. Schwingler moved,Feuss seconded,to recommend approval of Application #10-3442,Dirk Miller of The Emily Program,2180 North Shore Drive,granting of a conditional use permit,per the recommendations of Staff,and subject to the facility being limited to a 10-bed facility. Curtis stated she would work with City Attorney Mattick to compile a list of recommended conditions for review and approval by the City Council. VOTE: Ayes 6,Nays 0. Page 12 //IV / O O 1 �, ,y CITY of ORONO $.', A 0 ..., ,, �' ' Municipal Offices 1�`;,' i i � Street Address: Mailing Address: �_Eg� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 28 January 2010 Dirk Miller 2265 Como Avenue St Paul, MN 55108 SUBJECT: Zoning Application #10-3442 2180 North Shore Drive State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Therefore, this letter is your notification that the 60-day review period has been extended an additional 60 days to April 15, 2010. Please contact me at mcurtisci.orono.mn.us or 952.249.4627 should you have any questions. Sincerely, City of Orono Melanie Curtis Planning & Zoning Coordinator Telephone(952)249-4600 • Fax;952)249-4616 www.ci.orono.mn.ur MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (•'.0-3441 MAGDALEN M.PIDGEON TRUST, MADALYN J.EPPLE, TRUSTEE,CONT. with Lo ,Block 1 Riedel Company Stubbs Bay Addition by either a tax parcel combinatio• or a special lot ,ombination. Staff also recommends the condition of the plat requiring Coun ' approval of the docks .r each lot be changed to require conformance with Lake Minnetonka .nservation District regulations. Madalyn Epple state she had nothing to add to Staff's report. Chair Kang opened the p •lic hearing at 7:45 p.m. Herbert Olson, owner since 19 < of the next-door house and th- other part of this parcel, stated when they originally purchased this pro.-rty on a contract for dee/, they have been paying taxes on the property in question and that they ar,unsure what to do ..out that and that he would like to receive reimbursement for that. Kang stated she is unsure whether there is a • • ss that he could follow to get reimbursement. Turner suggested he contact the Hennepin 'ounty sessor's Office to determine how the taxes are separated out and whether the value of of 16 was inc ►•ed with the house. Chair Kang closed the public he.••ng at 7:46 p.m. Kang indicated this is a pr: straight forward application and that s - does not have any issues with it. Schwingler move' choenzeit seconded,to recommend approval of Ap ication 10-3441,Magdalen M. Pidgeon Tr t,Madalyn J.Epple Trustee,3625 Eileen Street, subdivis ,n, subject to the Pidgeon Tr t parcel,one,being combined with Lot 2, Block 1,Riedel Comp: •y Stubbs Bay Additio •y either a tax parcel combination or a special l i t combination and, ' the docks be in conf. mance with the Lake Minnetonka Conservation D strict regulations. VOT' Ayes 6,Nays 0. 10. #10-3442,DIRK MILLER ON BEHALF OF TH: EMILY PROGRAM, 2180 NORTH SHORE DRIVE,VARIANCES & CONDITION• L USE PERMIT, 7:47 P.M.- 8:12 P.M. Dirk Miller, Applicant,was present. Curtis stated the applicant is requesting a conditional use pe it and setback variances in order to operate an in-patient eating disorder treatment facility for up to eight clients in the existing building on the property. The Emily Program intends to maintain as mush of a residential character of the property as possible by limiting signage and changes to the exterior fi ishes of the building which are not consistent with a single family home. Due to the location of he existing building on the property, setback variances are also requested. A"hospital use"requi es a 100-foot setback from adjacent residentially zoned properties where the school use only req ired a 50-foot setback. Based on the hospital use requirement outlined within City lode 78-418(14), the proposed use requires a minimum of 600 square feet of lot area for each person to •e accommodated. The applicant is proposing an 8-bed facility. The property has 25,440 square i eet in area and exceeds this requirement. .��__ _..._ Page 10 __ MINUTES OF T ORONO PLANNING COMMI'SION MEETING Monday,January 1:,2010 6:30 o'clock p. . (#10-3442,DIRK MILLER ON BEHALF OF THE EM 1I Y PROGRAM, CONTINUED) The requirement for open parking spaces in a location other han a required yard cannot be met on this property. A previously approved variance for the previous .er allowed parking to be located within the required 50-foot side street yard and a 10-foot setback is me' from the interior side lot line and rear lot line. As the new use has a greater yard requirement, a new ariance will need to be granted for the parking within the required 100 foot yard area. The proposed location of the conditional use is in accord wit the objectives of the City's conditional use permit and the purposes of the district in which the site is lo•ated and the comprehensive municipal plan. Staff also finds that the proposed location of the conditional se and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare,or materially injurious to properties or improvements in the vic nity. The proposed conditional use will comply with each of the applicable provisions of Zoning Ori inance Section 78-916. Staff finds that the proposed use is compatible with the requ ements of 78-418(14) and the applicant is able to meet the conditions outlined within the code. As ti e applicant is proposing to utilize an existing building, a building with some local historic value, •taff finds the setback variance request is reasonable. Further,the proposed use will result in fewer vehicle trips to and from the site than the previous occupant and in particular will eliminate the high-traffic tim s of the former occupant. Residents will typically come and go as a group on an outing or other activ ty in a single vehicle. Clinicians and employees are small in number and visit at staggered times .s the facility runs on a 24-hour schedule. Planning Staff recommends approval of the conditional use p ermit with variances for the Emily Program as proposed. Schoenzeit asked whether any future changes in the use of this property would require the application to come back before the Planning Commission. Curtis noted there are some specific conditions directed at t - current applicant that makes the conditional use permit somewhat unique. Curtis indicated currently if a •ifferent school came in that met all the same conditions, they would not have to appear before the Planni g Commission. Kang asked whether the Planning Commission can limit the umber of beds. Curtis stated the Planning Commission does have the ability to limit the number of beds. Miller stated he would like to make one correction in Staff's report and that it is a ten bed facility rather than an eight bed facility. Tom Betti, Designer,indicated that would still work with all the lot requirements. Miller stated in his view this is a great use of the propertyfo the neighborhood. They have been in contact with all the neighbors within 300 feet of the facility .nd that the majorityof the neighbors g are supportive of the project. They would be working in conjun tion with Hennepin County. Page 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM, CONTINUED) Kang asked whether this would be a court-ordered facility. Miller indicated the residents would check in voluntarily. The Hennepin County Attorney's Office has a separate section for eating disorders and The Emily Program works directly with them. Hennepin County has developed a program called Community Commitment,which recommends not sending someone to a locked psychiatric ward for this type of problem. The patients would be there for approximately five months and there is licensed staff on hand at all hours of the day. The Emily Program also works with Methodist Hospital. Chair Kang opened the public hearing at 8:02 p.m. There were no public comments regarding this application. Chair Kang closed the public hearing at 8:02 p.m. Rice commented in her view it is a good use of the building. Feuss stated she also is in agreement with the proposed use of the building. Kang noted there would probably be less traffic under this use than there was with the Hill School. Curtis stated she would discuss this application with City Atorney Mattick to see whether this conditional use permit could be limited to this specific use. Schoenzeit recommended that this not be a locked facility. Kang indicated she would also like it limited to a ten bed facility. Kang stated she would like to maintain the residential character of the area. Miller stated they want to have a safe, attractive building, and that they will be a good neighbor. Schoenzeit noted that very few neighbors live within 300 feet of the building. Kang noted the City did receive a letter from one resident opposed to the project. Curtis indicated the applicant did go around the neighborhood and meet with as many of the residents as possible even outside the 300 foot limit and discussed the project with them. Kang stated in her view this is a low key use for this area. Kang noted the letter in opposition to the project was sent by Aaron Hale Printup, 2195 Prospect Avenue. Miller noted that the use being proposed here is completely aifferent than court ordered programs. Schwingler moved,Feuss seconded,to recommend approval of Application#10-3442,Dirk Miller of The Emily Program,2180 North Shore Drive, granting of a conditional use permit, per the recommendations of Staff, and subject to the facility being limited to a 10-bed facility. Page • 12 1 a , MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,January 18,2010 6:30 o'clock p.m. (#10-3442,DIRK MILLER ON BEHALF OF THE EMILY PROGRAM,CONTINUED) Curtis stated she would work with City Attorney Mattick to compile a list of recommended conditions for review and approval by the City Council. VOTE: Ayes 6,Nays 0. 1 #10-3443,2655 SHADYWOOD ROAD,LECY BROTHERS CONSTRUCTION ON BEHALF OF TIMOTHY AND JULIANN HADDEN,VARIANCE, 8:12 P.M.—8:45 '.M. Andy Jo .rud with Lecy Brothers was present. Curtis stated the ..plicants are requesting the following variances in order to build a new -sidence and relocate the drive on their property: 1. A lot width varia.ce to allow redevelopment of a property with 58 feet in fidth at the OHWL where 140 feet is n•• ally required; 2. 0-75 feet hardcover varia e to allow 25 percent hardcover where .3 percent currently exists and 0 is normally allowed; 3. 0-75 foot structural setback varia e to allow the proposed •ome at a 48-foot setback where a 48-foot setback currently exists an. a 75-foot setback i ormally required. The applicants have chosen to locate the new ho - further •m Shadywood Road and access off of Pheasant Road. They are requesting variances to en• oac• into the 75-foot lake setback area with the home to maintain a view of the lake and to avoid impo ;ng excessive dirt to fill a dip in the grade in the conforming building location. There is an exiting dr. a::way which cuts diagonally through the property fro the northern intersection corner all the . ay to t' - lake. This drainageway should be maintained. The applicants are proposing to gran an easemen o the City in order to protect the drainageway in perpetuity. The applicants have proposed a rain gard- and buffer areas in an effo' to offset the proposed hardcover. The applicants are requesting a hardcover variance for the 0-75 foot zone t• allow 2305 square feet of hardcover. There is 3,982 square f;-t of hardcover within the 75 foot lake se 'ack. Half of the proposed hardcover consists of the applica. s proposed home. Additionally,rip-rap withi, the drainage swale accounts for 650 square feet of i e proposed hardcover within the 0-75 foot zone. :ecause this drainageway benefits not on • the subject property but also toe neighborhood,there ••uld be an argument made for removing the hardcover and the drainageway altogether from the hardcover .lculations. In addition to the hou the applicants have proposed to construct a 17' x 16' upper deck '.th patio below. There is als, a circular patio and flagstone path prop Dsed within the 75-foot zone. The existing ho e is 33 feet from the OHWL and consists of 1970 square feet of structural hardc.ver where no s• ture is permitted. The location and orientatior o the lakeshore, an existing drainage .y through the property and the existing grade has determined the proposed home location for the applic. ts. -- — —-- — — Page /i i /0 0\ 4144)YAsT._ CITY of ORONO �a�, titi Municipal Offices � it y�,' ` ii G Street Address: Mailing Address: $,hggO 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 18 December 2009 The Emily Program Dirk Miller 2265 Como Avenue St Paul, MN 55108 SUBJECT: Zoning Application #10-3442 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a conditional use permit for property located at 2180 North Shore Drive. Our preliminary review indicates that your application is complete. Your application is scheduled to appear before the Planning Commission on Tuesday, January 19, 2010. The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please contact me at mcurtisci.orono.mn.us or 952.249.4627 should you have any questions. Sincerely, City of Orono 1"OF Melanie Curtis Planning & Zoning Coordinator c: Kristen Tollefson, Hill School, 2180 North Shore Drive, Orono Telephone(952)249-4600 • Fa*(952)249-4616 www.ci.orono.mn.us I �4. .47 T he Emily Program Personalized treatment for eating disorders. List of legal names of all persons with an interest in the property Conditional Use Application Owner: Name: Kristen Tollefson Title: Director Organization: Hill School Marital Status: Divorced RECEIVED # 3 4 4 r DEC 1 4 2009 N Main Phone:(651)645 5323 www.emilyprogram.com CITY OF ORONO j CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#10-3442, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of January, 2010. Monica Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, January 19, 2010, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 06-3234 Beisel & Dunlevy, PA on behalf of Bridgewater Bank, 4725 & 4731 North Shore Drive, LR- 1 B zoning district, requests renewal of approvals granted in 2006 for lot line rearrangements and lot area, lot width, and hardcover variances in order to create two lots where three lots previously existed. 08-3350 J. Sven Gustafson on behalf of Frederick Peters, 3127 Casco Circle, LR-1C zoning district, requests a revision to the previously approved side setback variance for the tennis court to have a 22 foot setback on the south side and a 30 foot setback on the north side instead of a 30 foot setback on the south side and a 22 foot setback on the north side. (The required setback is 30 feet.) 09-3407 Anna Ovsyannikova on behalf of Elena Ovsyannikova, 3409 Eastlake Street, LR-1A zoning district, requests creek setback, side yard setback and hardcover variances and a conditional use permit for filling within the floodplain in order to construct a new detached garage on the property. The new garage is proposed to be constructed 3' from the side lot line where a 10' setback is normally required, a 40' setback from the creek where a 75' setback is normally required. Hardcover is proposed to decrease within the 0-75' setback from 63.25% to 50.16% where 0% is normally allowed and is proposed to decrease by 7 square feet within the 75-250' resulting in 49.16% where 49.70% currently exists and 25% is normally allowed. 09-3414 Patrick and Kathleen Middleton, 720 Tonkawa Road, LR-1B zoning district, request a revision to the previously approved structural coverage variance to allow 18.01 percent structural coverage when 17.85 percent was approved and 18.64 percent previously existed. The purpose of this change would be to allow a 36 square foot entry porch rather than a 16 square foot entry porch. Hardcover variances are also requested to clarify the amount of hardcover allowed in the 0-75, 75 to 250 and 250 to 500 foot zones. 09-3418 Dennis Batty on behalf of Brook Investment Group LLC, 3421 to 3435 Shoreline Drive, B-1 zoning district, requests commercial site plan approval to construct a separate, two-story building on the east end of the existing building on the property. The proposal includes structural coverage, hardcover, parking lot setback and building setback variances as well as a variance to the number of required parking spaces. 09-3425 James Johnson, 650 Big Island, RS zoning district, requests an after-the-fact conditional use permit and after-the-fact hardcover variance for lake-side retaining walls and a patio within 75' of the OHWL. 10-3438 DNA Properties, LLC, 1535 Bohns Point Road, LR-1 B zoning district, requests preliminary plat approval in order to create three one-plus acre lots where currently one 4.89 acre property exists resulting in two additional buildable lots. 10-3439 Sean and Marie McLean, 25 Cygnet Place, RR-1B zoning district, requests a setback variance to construct an open entry porch with a 36 foot setback from Cygnet Place when a 40 foot setback exists and a 50 foot setback is required and approval to change the roof line over the existing entry porch and portion of the garage within the 50 foot setbacks from Cygnet Place and Watertown Road. 10-3440 Robert and Mary Sansevere, 745 Orchard Park Road, RR-1A zoning district, request a variance to allow two Oversized Accessory Structures (OAS) on their property where one OAS is normally allowed and one OAS currently exists. An OAS is an accessory building 1,000 square feet or above. The applicants currently have one, 1,200 square foot OAS on the property and would like to construct a new 3,000 square foot building. 10-3441 Magdalen M. Pidgeon Trust, Madalyn J. Epple Trustee, 3625 Eileen Street, LR-1A zoning district, requests subdivision approval to create a separate tax parcel for the portion of tax parcel 05-117-23-24-0039 that is owned by the Magdalen M. Pidgeon Trust. 10-3442 Dirk Miller of The Emily Program, 2180 North Shore Drive, RR-1B zoning district, requests approval of a conditional use permit to allow an 8-bed, in-patient eating disorder residential treatment facility on the property. 10-3443 Lecy Brothers Homes on behalf of Timothy & Juliann Hadden, 2655 Shadywood Road, LR- 1 B zoning district, requests a 0-75' zone hardcover variance and a lake setback variance in order to construct a new home on the property. 10-3444 City of Orono proposes an amendment Chapter 78 of the Orono Code (also known as the Zoning Code) to define a site plan review process for the Business (B) and Industrial (I) zoning districts to replace the code provision that requires City Council approval of all building permits in these zoning districts. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by January 12, 2010 if possible. Interested persons may review the application at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission C,f ` To be published in the Sun Sailor on January 7, 2010. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 12/8/2009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTE, (PROPERTY OWNERS LIST) PAGE: 1 • 38 10-117-23 23 0004 38 10-117-23 31 0016 38 10-117-23 31 0017 CLARK J WINSLOW ET AL M C MADDIE&M MADDIE M MADDIE&M MADDIE 38 ADDRESS UNASSIGNED 2150 PROSPECT AVE 2160 PROSPECT AVE SHARON&CLARK WINSLOW MICHAEL C MADDIE MICHAEL&MELISSA MADDIE 1205 FRENCH CREEK C1R 2150 PROSPECT AVE 2160 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 31 0018 38 10-117-23 31 0019 38 10-117-23 31 0049 MICHAEL MADDIE D&K BECKER CRAIG S BLEEKER/AMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST MICHAEL MADDIE DONALD&KATHERINE J BECKER CRAIG S BLEEKER/AMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 31 0050 38 10-117-23 31 0051 38 10-117-23 31 0052 P F&L KALEY BARBARA J GARCIA G C PETERSON&J H PETERSON 1395 BROWN RD S 1335 ARBOR ST 1355 ARBOR ST PHILIP KALEY BARBARA J GARCIA GREGORY&JULIANNE PETERSON 1395 BROWN RD S P 0 BOX 114 1355 ARBOR ST WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 10-117-23 31 0053 38 10-117-23 31 0054 38 10-117-23 31 0055 JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 1385 ARBOR ST JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 2562 WESTERN AVE N WAYZATA MN 55391 PO BOX 161 ROSEVILLE MN 55113 CRYSTAL BAY MN 55323 38 10-117-23 31 0056 38 10-117-23 31 0057 38 10-117-23 31 0058 LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR 1335 BRIAR ST 2195 PROSPECT AVE LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR P 0 BOX 175 2195 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 P 0 BOX 104 CRYSTAL BAY MN 55323 38 10-117-23 31 0098 38 10-117-23 31 0101 38 10-117-23 31 0103 LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO E E NIELSEN&J K JOHNSON 2180 NORTH SHORE DR 1335 BROWN RD S 2140 PROSPECT AVE LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO ERIC E&JENNIFER K NIELSEN 2180 NORTH SHORE DR BOX 66 2140 PROSPECT AVE BOX 54 WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 32 0019 38 10-117-23 33 0006 ART CENTER OF MINNESOTA GREGG W/DENISE E STEINHAFEL 2240 NORTH SHORE DR 2285 NORTH SHORE DR MINNETONKA CTR FOR THE ARTS GREGG W/DENISE E STEINHAFEL 2240 NORTH SHORE DRIVE 2265 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESEN ARE ACC TE AND TRUE RIjPRESENTATION OF FORMATION iD E C 1 4 2 0 G AS IT APPEHEf el" IDA N THE CO S 0 THE HE EP COUNTY TPAYER SERVICES D PARTMENT. (9 ORONO DATE: BY 6�y `r!''�i CITYOF r- f-16 E~ CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#10-3442, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 5th day of February, 2010. cam Mo ica Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, February 16, 2010, teginning at 6:30 p.m. on the matter of reviewing the following land use applications: 09-3436 Lori Gherardi, 2700 Ethel Avenue, LR-1C zoning district, requests a variance to construct a second garage stall with a 19.1 setback from the right of way of Ethel Avenue (the same setback as the existing garage) when a 30 foot setback is required. 10-3442 Dirk Miller of The Emily Program, 2180 North Shore Drive, RR-1B zoning district, requests approval of a conditional use permit in addition to side, street side, and rear yard setback variances in order to allow construction of a detached garage on the property. 10-3445 Clifford & Barbara Swenson, 2956 Casco Point Road, LR-1C zoning district, request 0-75' hardcover, side setback and lake setback variances in order to re-construct a lake-side deck. 10-3447 Wayzata Country Club, 200 Wayzata Boulevard, RR-1B zoning district, requests a conditional use permit for wetland alteration and for land alteration to convert a ditch with wetland qualities to a pond and to excavate an area to provide for wetland replacement. 10-3448 City of Orono on behalf of Lani S. Pennington et al., 130 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. 10-3449 City of Orono on behalf of Christine Deggendorf, 750 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. 10-3450 City of Orono on behalf of V.C. Mc Clellan & C.A.H. Clancy, 350 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. 10-3451 City of Orono on behalf of Christopher Johnson Bollis, 470 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. 10-3452 City of Orono on behalf of Fred A. Bruntjen, 240/250 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. 10-3453 City of Orono on behalf of Nancy L. Farres, 460 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. RUN DATE: 12/8/2009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTE (PROPERTY OWNERS LIST) PAGE: 1 38 10-117-23 23 0004 38 10-117-23 31 0016 38 10-117-23 31 0017 CLARK J WINSLOW ET AL M C MADDIE&M MADDIE M MADDIE&M MADDIE 38 ADDRESS UNASSIGNED 2150 PROSPECT AVE 2160 PROSPECT AVE SHARON&CLARK WINSLOW MICHAEL C MADDIE MICHAEL&MELISSA MADDIE 1205 FRENCH CREEK CIR 2150 PROSPECT AVE 2160 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 31 0018 38 10-117-23 31 0019 38 10-117-23 31 0049 MICHAEL MADDIE D&K BECKER CRAIG S BLEEKER/AMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST MICHAEL MADDIE DONALD&KATHERINE J BECKER CRAIG S BLEEKER/AMY B BUTLER 2170 PROSPECT AVE 2180 PROSPECT AVE 1380 ARBOR ST CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 31 0050 38 10-117-23 31 0051 38 10-117-23 31 0052 P F&L KALEY BARBARA J GARCIA G C PETERSON&J H PETERSON 1395 BROWN RD S 1335 ARBOR ST 1355 ARBOR ST PHILIP KALEY BARBARA J GARCIA GREGORY&JULIANNE PETERSON 1395 BROWN RD S P O BOX 114 1355 ARBOR ST WAYZATA MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 10-117-23 31 0053 38 10-117-23 31 0054 38 10-117-23 31 0055 JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 1385 ARBOR ST JESSICA A JOHNSON DAVID ALAN SUTHERLAND GERALD F SEILER 1380 BRIAR ST 1365 ARBOR ST 2562 WESTERN AVE N WAYZATA MN 55391 PO BOX 161 ROSEVILLE MN 55113 CRYSTAL BAY MN 55323 38 10-117-23 31 0056 38 10-117-23 31 0057 38 10-117-23 31 0058 LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR 1335 BRIAR ST 2195 PROSPECT AVE LESLIE KENNEDY GARY M PRINTUP JR AARON H PRINTUP 2140 NORTH SHORE DR P O BOX 175 2195 PROSPECT AVE WAYZATA MN 55391 CRYSTAL BAY MN 55323 P O BOX 104 CRYSTAL BAY MN 55323 38 10-117-23 31 0098 38 10-117-23 31 0101 38 10-117-23 31 0103 LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO E E NIELSEN&J K JOHNSON 2180 NORTH SHORE DR 1335 BROWN RD S 2140 PROSPECT AVE LK MTKA ENVIRONMENTAL SCHOOL CITY OF ORONO ERIC E&JENNIFER K NIELSEN 2180 NORTH SHORE DR BOX 66 2140 PROSPECT AVE BOX 54 WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 32 0019 38 10-117-23 33 0006 ART CENTER OF MINNESOTA GREGG W/DENISE E STEINHAFEL 2240 NORTH SHORE DR 2285 NORTH SHORE DR MINNETONKA CTR FOR THE ARTS GREGG W/DENISE E STEINHAFEL 2240 NORTH SHORE DRIVE 2265 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESEN ARE ACC TE AND TRUE PRESENTATION OF 1 FORMATION DEC 1 4 200 AS IT APPE 'THff®A'I�lIIN THE CO S O E HE EP COUNTY T PAYER SERVICES I EPARTMENT. li LLUUUU33 DATE: BY/ / City of Orono (Official Publication) NOTICE The Planning Commission will hold public hearings in the >>?:>::»:_ Orono Council Chambers at 2780 Kelley Parkway on -, = = Tuesday,February 16,2010,beginning at 6:30 p.m.on the matter of reviewing the following land use applications: newspapers 09-3436 Lori Gherardi, 2700 Ethel Avenue, LR-1C zoning district,requests a variance to construct a second garage stall with a 19.1 setback from'he right of way of AFFIDAVIT OF PUBLICATION Ethel Avenue(the same setback as the existing garage) when a 30 foot setback is required. STATE OF MINNESOTA ) 10-3442 Dirk Miller of The Emily Prc gram,2180 North Shore Drive,RR-1 B zoning district,requests approval of ) SS. a conditional use permit in addition to side,street side, COUNTY OF HENNEPIN ) and rear yard setback variances in order to allow con- struction of a detached garage on the property. Richard Hendrickson, being duly sworn on 10-3445 Clifford & Barbara Swenson, 2956 Casco an oath,states or affirms that he is the Chief point Road, LR-1C zoning district, request 0-75'hard- cover,side setback and lake setback variances in order to Financial Officer of the newspaper(s)known re-construct a lake-side deck. as 10-3447 Wayzata Country Club,203 Wayzata Boule- Plymouth, Wayzata, Orono Sun-Sailor yard, RR-1 B zoning district, requests a conditional use permit for wetland alteration and for land alteration to con- vert a ditch with wetland qualities to a pond and to exca- vate an area to provide for wetland replacement. and has full knowledge of the facts stated 10-3448 City of Orono on behalf of -ani S.Pennington et al.,130 Big Island,RS zoning distict,requests a lot below: area variance to clarify the status of tha property. (A)The newspaper has complied with all of 10-3449 City of Orono on behalf of Christine Deggen- the requirements constituting qualifica- dorf,750 Big Island, Rs zoning district, requests a lot area variance to clarify the status of tha property. tion as a qualified newspaper as provid 10-3450 City of Orono on behalf of V.C.Mc Clellan& ed by Minn. Stat. §331A.02, §331A.07, C.A.H. Clancy, 350 Big Island, RS zoning district, re- and other applicable laws as amended. quests a lot area variance to clarify the status of the prop- (B)The printed public notice that is attached erty. 10-3451 City of Orono on behalf of Christopher John- was published in said newspaper(s) son Bollis,470 Big Island,RS zoning district,requests a once each week,for one successive lot area variance to clarify the status o the property. week(s); it was first published on Thurs- 10-3452 City of Orono on behalf of Fred A.Bruntjen, day, 4 dayof February240/250 Big Island,RS zoning district,requests a lot area y variance to clarify the status of the property. 2010, and was thereafter printed and 10-3453 City of Orono on behalf o1 Nancy L.Farnes, published on every Thursday to and in- 460 Big Island, RS zoning district, requests a lot area variance to clarify the status of the property. cluding Thursday, the day of All persons wishing to be heard are encouraged to attend ,2010;and printed this meeting. This is not a final agenda and is subject to below is a copy of the lower case alpha- changecepted priorands h tobould thebe hearing. submi tted Writtentothe;ommeof Ornts areono ac- , bet from A to Z, both inclusive, which is 2010 if possible. Interested persons nay reviewCity the abyp- hereby acknowledged as being the size plication at City offices. For an appointment,please call and kind of type used in the composition (952)249-4620. City of Orono and publication of the notice: By: Planning Commission abcdefghijklmnopqrstuvwxyz Melanie Curtis Planning&Zoning Coordinator Published in the Sun Sailor on Februa y 4,2010. Posted at: Orono City Offices,Crystal Bay Post Office, Long Lake Post Office,Navarre Post Cffice (Feb. 4,2010)a2-hrgs 02162010-Revised-CM BY: CFO Subscribed and sworn to or affirmed before me on this 4 day of February , 2010. "197 Notary Public • t•;; MARY ANN CARLSON ,I -r-^;-•: NOTARY PUBLIC-MINNESOTA _4�. MY COMMISSION EXPIRES 1-31-14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. *8. #10- - 2 CITY t ORO 9 ON BE: •. F OF '1' D A.BR '`TJEN,2 /250 BIG ISL — VARIANCE— '+. 0 TION NO. ' 3 Murphy moved, 'c an seconded,to . s : it RESOLUTIO 0. O.5923, a Resolut' Ap oving a Lot Area Variance `i r Recor• of Nos. 6 and 6 'ursuant s •rono .i de Sectio -563. VO • Ayes 4, Nays O. 9. #10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE—CONDITIONAL USE PERMIT AND VARIANCES Dirk Miller, Applicant, was present. White noted a large number of residents are in attendance at tonight's meeting specifically for the Emily Program application and that he would like to give a brief overview of the history of the application. In December of 2009,the Emily Program filed an application fbr a conditional use permit and three variances to operate an eating disability facility at the former Hill School. Staff prepared a report with their findings. On January 19th the Planning Commission heard the report of Staff and recommended approval of the application and for it to be sent to the City Council for their consideration. In addition,the Emily Program submitted an application for a garage on the same property requesting a setback variance. On February 8, 2010,the City Council met and discussed the variances and conditional use permit. After taking testimony, action was taken to table the application to allow staff and the city attorney to review the issues. On February 16, 2010,the Emily Program obtained an approval recommendation from the Planning Commission of the garage variance based on a reorientation of the garage. On February 17th,representatives of the Emily Program met with the neighbors at city hall and explained their facility and answered questions. On the 22nd of February, the City Council reconvened and discussed the application. Again public comments were received at that meeting. Mayor White noted he was not present at that meeting. The City Council tabled the application for the City Attorney to provide additional information and to review their options. At tonight's meeting the City Council is again considering the Emily Program application. Murphy noted at the February 86 Council meeting it was suggested that a public information session be held, which was held the Wednesday after. A significant number of people were in attendance. White noted a large number of written comments were submitted. White requested if someone has submitted a written comment,to not comment orally. The meeting will be open for public comments,but White encouraged the residents to avoid making the same comments over and over again. White stated the issues with this application relate to the use,parking, setbacks, and the 24-hour operation of the facility. The City Council has looked at all of those issues and that it comes down to a zoning issue and land use issue. White stated this application will likely come down to a legal discussion about the land use. A number of individuals have expressed concerns about the possible future use of the property should the Emily Program vacate the site. The question is whether the use can specifically be limited to this use and whether that could be bullet-proofed, so to speak, should the Emily Program vacate the property. A discussion was also had regarding an Interim Use Permit. Page 3 of 23 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) Bill Cooper, 627 Park Street,Wayzata, commented that no good deed goes unpunished. Cooper indicates he represents a nonprofit entity called Friends of Education, which became involved with the Hill School situation by buying the bonds to support the private school that ultimately failed. The intention was to convert it to a charter school,which became undoable due to a lack of state funds. Cooper stated if this application is not approved,that does not mean that the building will sit there empty. Cooper pointed out that the zoning as it presently exists would permit as many as 100 students in the school, with associated traffic,busing, and parking. The organization investigated a facility that they felt would be good for the community. This is a small facility consisting of ten beds. Cooper commented that some of the comments he has heard about the program are totally false. He has a daughter with an eating disorder and his daughter is not mentally ill. Cooper stated this is a very serious illness and that there is a need for this facility in this area. Cooper stated the Friends for Education felt this use will not be disruptive and good for the community. Dr. Miller has expressed a willingness to do what is necessary to ensure that undesirable zoning will not happen on that property. Cooper stated in his opinion a sex offender facility at this location is a moot issue and is a smoke cloud in terms of the issues. He felt this facility will have a positive impact on the community and he has personally checked out the Emily Program. The Emily Program is going to invest a significant amount of money into the building and improve the appearance of the property. Cooper noted that all of the money from the sale of the property will go to fund a number of charter schools and that he would encourage the City to fmd a way to allow this. Cooper reiterated this property will not sit there empty and that the structure will either be a school or put to a different use. Bremer asked if there are any other interested buyers. Cooper indicated they did have some interested buyers but that those did not proceed to the point where they had any discussions regarding price. A different entity was interested in it as an industrial art school for inner city children. The initial plan was to convert it to a charter school,but due to a lack of state funds,that idea was not pursued. Shari Danielson, 1250 French Creek Drive, stated she is in opposition to the application to alter the use of the Hill School property. She would like to emphasize that she supports the work of the Emily Program. Danielson noted she does have a younger sister who suffered from an eating disorder when she was younger. The City Council faces two important questions tonight. First, does the Emily Program, which is a clinic, fit the definition of a hospital or other conditional use allowed in this RR-1B zoning district. Second, should the City Council make a fundamental and permanent change in the future use of the Hill School property by changing from educational use to hospital use. Regarding the first question, the Emily Program does not resemble a hospital,nursing home, sanitarium, or rest home. The medical uses listed as conditional uses in the RR-1B zoning district require special state licenses and other approvals. The Emily Program does not have such licenses,nor would it be eligible for a license for any of those described program. The Emily Program is not at all similar to the common definition of a hospital. On February 8th Dr. Miller himself has said that this facility is not a hospital. The minutes reflect that Mayor White asked whether the patients would be force fed. Miller indicated,if that is necessary, it would be done in a hospital setting and not at the facility. Page4of23 MINUTES 0' THE ORONO CITY COUN IL MEETING Monday,Marc 8,2010 7:00 o'clock ..m. (#10-3442 THE EMILYPROGRAM, 2180 NORTH SHO' DRIVE, Continued) Danielson stated she is opposed to the application because i i represents an intensification of use that does not fit on the Hill School property and would be detrimental to earby homes and families. With the Hill School, most of the activities occurred Monday through Friday duri g school hours and also had a number of breaks, including summer break. In addition,most of the traffic oc• ed twice a day on weekdays. Danielson indicated she is personally familiar with the traffic pattern b cause two of her children attended the Hill School. The activities of a hospital or a similar medical facie ity would take place 24 hours a day, seven days a week. Traffic would occur at all different hours of the day -ven days of the week. Similar comparisons could be made for parking, emergency vehicle use,lighting, noise, and other impacts. The additional traffic on County Road 51 would pose a heightened safety risk at the II akota Trail crossing. The Emily Program is not representative of the common de"nition of a hospital and illustrates the dramatic differences between educational and hospital or other simila uses. Because the zoning changes being requested are permanent,the City Council must consider the impact of other hospital and similar medical uses beyond the Emily Program. Its Chaska clinic serves as an e ample. It first opened up in 2002 under the name of the Anna Westin House. In 2006, another company took •ver its management. In 2007,the Emily Program moved in,and three years later the Emily Program is closin: the Chaska facility and moving to a business location in St.Paul. There have been four changes over a p:riod of just eight years. Danielson stated that demonstrates the importance of thinking long-term when co sidering significant zoning variances like the ones before us tonight. The intensified impacts previously mentioned are magnified due to the small lot size, limited setbacks,and proximity to residential neighbors. The City's own Zoning ode recognizes the impact of hospital and similar medical uses on residents. It protects the residential uses in he zoning district by requiring a minimum two acre lot size and a 100-foot setback for buildings and parkin areas for hospitals and similar medical uses. This property consists of 0.58 acres,which is only 29 perce t of the required size, and does not allow a 50-foot setback from North Shore Drive or Briar Street to the schoo building. The existing parking and access driveways are set back less than two feet from the property 1 ne. Danielson stated it is clear that the lot size and setback regul:tions are intended to protect residents from hospitals and similar medical uses. When the intensified us- of a small lot is considered in light of the standards,the variances, and conditional use permits in the I ity's Zoning Code,the City must vote to reject the zoning applications. Danielson stated she would also like to highlight some impo ant points relating to standards and conditions that the current proposal fails to meet: Number one,the pro•erty can be and has been put to reasonable educational uses under conditions allowed by official contro s. Number two, allowing hospital and similar medical uses on d is undersized property will alter the fundamental charm and rural character of this area. Number three, the special conditions applying to the prope are not peculiar to this or immediately adjoining property. In fact, there are numerous lots in this zoning dis ct that do not meet the minimum two acre requirement and would not allow the minimum required setbi cks, including many across Briar Street from the Hill School property. Could this become a precedent setting decision for tearing down a home and rebuilding a medical clinic? It certainly appears that way. Page 5 of 2c MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8, 2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, Continued) Number four,the granting of variances is not necessary for the preservation and enjoyment of the substantial property rights of this or any other applicant. This applicant has available uses for this property. Number five,both the St. Paul and St.Anthony program buildings are located in business and mixed use districts. Number six,the granting of the variances has the potential,both in the short and long-term, to negatively affect the surrounding residences. Number seven,regarding conditional use standards that are not met,the proposed use will be detrimental to properties in the vicinity due to the inadequate buffers around hospital and similar medical uses, and the proposed use will not comply with the City's Zoning Code but will require variances to be permitted. Finally, there are other important issues that have simply not been adequately resolved, such as parking,where there is clearly a deficit, and the lack of transparency surrounding the specifics of the conditions of use. Danielson stated, in summary, a permanent change to the zoning standards to allow a hospital and similar medical uses on the Hill School property will permit substantially intensified uses on a site that is just 29 percent of the required size for a facility of this nature. Clearly, this permanent change will pose a significant risk to the surrounding community,my neighbors, their families, and my family. For all of those reasons,I ask that you reject the application. Michael LaQuey, P.O. Box 94, stated the health care industry is moving towards measuring outcomes to judge a program. We do not have any publically available scientifically based measurements of this program. The following are some examples: Hospital aides did not administer beta blockers 50 percent of the time for emergency room heart attack patients; 30 percent of the hospital admissions for heart attacks died. They did not follow evidence based best practices, so therefore they had poor outcomes. LaQuey stated before the City Council can make an educated,rational, scientifically based decision on how this will benefit our community,there should be some industry standard rated outcomes, such as remission rates, death rates, cure rates, morbidity, efficacy of the treatment, if it is based on therapy alone, etc. Steven Byrnes, 1025 Heritage Lane, indicated he does support the Emily Program and that he has been personally affected by eating disorders that his sister suffered from as well. His family is thankful for the care she received from Dr. Miller. Byrnes distributed a set of letters from other neighbors and residents who do support the Emily Program moving into the neighborhood. Byrnes stated he has concerns regarding comments made at the past hearings and scenarios that are simply not plausible and are based on fear and conjecture. Byrnes stated in his view the issues relating to police and emergency calls,property values, traffic,noise, location, and even the conditional use permit have been adequately addressed because the opposition has not provided credible empirical facts. The chief of police of Chaska has submitted a letter indicating that the Emily Program has had no impact on Chaska based on the number of emergency calls to the facility. The police chief of Orono indicated that based on the number of emergency calls he saw in Chaska,he did not feel that would impact Orono. Credible empirical evidence was requested that would refute that. Page 6 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. (#I0-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Byrnes stated he is not a real estate agent,but he did attemp:to find research on line stating that an eating disorder facility has a negative value in a neighborhood. According to some of the people he has spoken to in the real estate business, an empty, abandoned building has more of a negative impact on values than a well maintained, well landscaped facility like the Emily Program. Byrnes noted traffic is already heavy on County Road 51 and that he feels the issue is moot based on the low traffic counts that will result from the Emily Program. Byrnes indicates he does run on the Dakota Trail and that a bigger safety concern is the bikers attempting to cross the highway with incoming traffic. Byrnes stated the main issue that has bothered him and speaks to the knowledge and lack of knowledge is location of the facility. We have continually heard that the Emily Program would be better served on a larger lot and in a different facility,with the residents secluded. The people who have knowledge and/or experience with eating disorders know that they do not need to be secluded. This is not a contagious disease situation. This is a residential home. The Emily Program has been treating eating disorders for 20 years and they understand the kind of home and the kind of facility they want to use. The Emily Program is prepared to spend millions of dollars to upgrade the property,which demonstrates that a residential facility is exactly the kind of facility that these people need. Byrnes reiterated he has been surprised by some of the responses and some of the things that he has seen relating to this application. Dr. Miller is a local resident who lives in Wayzata and is trying to do something to help the people affected in our community. Based on the attendance by the media,this is now being addressed and viewed upon by the entire community and not just Orono. The City Council and the residents have an opportunity to be a caring and compassionate community. We can show the world that Orono does care and recognize that these eating disorders are happening in our own community. Byrnes asked the City Council to move forward with the recommendation of the Planning Commission and allow Dr. Miller and his team to treat these young women. Mayor White requested that the attendees refrain from clapping after each speaker. Thomas Quast, 1251 Briar Street, stated he moved here in 1952 and is still a resident. He attended Hill School. Quast stated he is against the Emily Program facility completely based on the fact that on Tuesday night, at any given time there are five to ten kids on that corner. Quast indicated he is opposed to the traffic that would be generated due to the children in the neighborhood that play in the area until 9:00 at night unsupervised. John Byrant, 1345 French Creek Drive, stated he has attended all of the meetings. His initial feelings toward the Emily Program were neutral to fairly positive. Since that time he has changed that position to one in opposition of the Emily Program application. First,the Hill School property is too small for the proposed use. He checked the Emily Program website and found 13 different types of treatment that were offered excluding assessments and transitional living. Inadequate parking is obvious concern. Byrant asked if the reports that the Art Center was approached regarding parking were valid. Dr. Miller denied having any such conversation. If there are ten residents,with a total staff of 30, with maybe six to eight per shift, outpatients, program participants, family, friends, vendors, and volunteers,he does not understand how eight parking spots is remotely possible. Since that time we have heard from Chaska neighbors that parking surges have regularly exceeded 20 spots. The City Council has an obligation to understand what the requirement is and how it will be managed. Page 7 of 23 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8, 2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Byrant stated this facility involves move than simple boarding of eight to ten persons and can be described as a business. This facility will bring traffic as well as some increase in emergency vehicle traffic. He is not sure why the city is applying residential standards to a business in the first place. Byrant stated the dialogue has gotten off track with application opponents being called prejudiced, irrational, and not in my back yarders. The residents have every right to be concerned and skeptical as it relates to parking and increased traffic and emergency vehicles. The residents have a right to say no thank you without someone calling into question their community mindedness,the validity of their reasons or their prejudices. The proposed use seems to be incompatible with Orono residential living. Byrant noted the applicant has become involved with the local media. Media conducted debate is absolutely legal and within the rules. The media,however,is not much more than a distraction from the main game. Byrant stated he wished the media's time would be spent addressing some of the contradictions from the public's point of view, such as,is this is a hospital or a clinic or a boarding clinic; is eight parking stalls representative of the real number or is the number above 20; and is the Emily Program a nonprofit or a business enterprise. Consistency and attention to detail is really important. Putting forward accurate facts goes towards authentic relations, establishing credibility,and being a genuine good neighbor. Heidi Clear, 1360 French Creek Drive, stated hospital type clinics are not appropriate for residential type neighbors and that the Hill School property is too small for this use. Other Emily Program facilities are located in more appropriate neighborhoods. The minimum size lot in this district is two acres for hospital use. Clear illustrated on the overhead a two-acre lot and the Hill School parcel. Clear pointed out how the building would fit on the Hill School lot and the amount of room left with the setbacks. To the left there is currently 21 feet,the back has 92 feet,the front has 44 feet,and the right has 41 feet. With the parking garage added,you are two feet off of Briar Street. Clear stated the graphic clearly shows that this property is not sufficient space for a hospital type clinic and leaves no buffer for the surrounding residents. Clear stated her second point is that a hospital type clinic is not appropriate for a residential neighborhood. Other Emily Program facilities are located in mixed use neighborhoods. Clear displayed photographs of other Emily Program facilities. Clear stated the first few photographs depict the new location in St. Anthony Park, St. Paul,which is located at Cleveland and Buford Street. This is a very urban setting with a large parking lot and appears to have approximately 30 parking stalls. It is also next to the University of Minnesota campus, has significant on street parking, and is adjacent to other commercial property. It is also located on a street with fraternity housing and student rentals. Clear displayed pictures of the surrounding area. Clear noted she had to park four blocks away to take these pictures. Since this is an extremely busy area,the Emily Program would not have any significant impact as it relates to activity level. Clear displayed two other locations where she took photographs. Clear stated the photographs clearly demonstrate that these are not residential neighborhoods but that they are instead busy urban settings surrounded by commercial property with significant on street parking. One of the facilities is located next to the Mobile Gas Station. Clear noted she had a difficult time finding parking on the street. The Stillwater location is also a busy location with significant on street parking. Clear questioned why the applicant is attempting to force this Emily Program facility onto a property that is too small. Clear stated she would have the same concerns relating to any industrial use and that her concerns are not directed just at the Emily Program. Page 8 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Tina Paulson,240-5th Street East, St. Paul, stated she is entering the Emily Program in two days at their St. Paul location and has been going to the Emily Program for the past four months. Paulson indicated she has been dealing with an eating disorder since she was 13 years old and that she is now 42 years old. The Emily Program has been very beneficial. Paulson stated she has read articles on the Star Tribune website but does not feel that the comments left truly represent the Emily Program. Paulson stated she is not trying to say the school should or should not be used but that she would like to break some stereotypes of what will be coming to the Orono community. Paulson stated she personally feels that anything can work a'.this site if the community truly cares. As it relates to the pictures that were just shown, she has the impression that the residents would have said that is too busy of a location,you can't find parking,and that they really do not care. Jeanne Fayfield, 2220 French Creek, stated the key issue before the Council is the appropriate land use of the former Hill School site. Fayfield stated we are a city and a state and a nation that is guided by a constitution, with laws derived from that constitution that protect,preserve, and govern our society. The City of Orono has created and adopted a guiding philosophy that is available on the home page of its official website. There are four points of City of Orono's philosophy,which include the following: Protect and preserve Lake Minnetonka, its water quality and its recreational assets;protect and preserve our many natural resources and open spaces; and most importantly, to preserve our distinct uban and rural land use patterns and lifestyles,and to preserve our local character and identity. In addition,Municipal Code Section 78-05 states: Use of land for residential purposes is considered primary with other uses considered supporting this use. It is not the intention to expand or allow all such commercial and industrial activity to a degree where it conflicts with the primary residential use and other guiding principles. Fayfield asked the mayor and the council members,as well as the greater Orono community,to revisit the City's Comprehensive Plan. This plan has established policy es and principles to guide orderly and economic private development and public improvement in the years ahead. The document is dated going forward to the year 2030. Fayfield requested the Council's attention be focused on the facts of the Hill School property proposed zoning change. The Emily Program is requesting a conditional use permit and associated variances to locate a 24/7 inpatient, for profit, eating disorder facility in a zoning district zoned primarily for residential. Many neighbors surrounding the Hill School are opposed for the reasons of excessive traffic, safety issues,parking inadequacies,lighting,noise, the higher volume of business activity, increased emergency responses, and decreased property values. Most importantly is the concern for the permanency of the conditional use permit that stays with the property and is not granted to the owner. The conditional use permit cannot be surrendered even if the applicant requests it. Fayfield stated they are neighbors in close proximity to the former Hill School, and they recognize that allowing a facility like this will significantly alter the land use, the character of the neighborhood, and their lifestyles by volume of use. What is not on the agenda tonight is what would be the best use of the former Hill School property going forward. Many ideas have been discussed by the neighbors. The neighbors do not feel this is the only option. A number of residents have pledged financial support to the Art Center and are willing to do whatever else is necessary to find an appropriate use for the property. - -- Page 9 of 23 -- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) David Dess, 1260 French Creek,noted he has practiced clinical psychology for a number of years,has worked in the business world, and has worked with people who need help. Dess indicated over the past several weeks he has heard arguments both for and against the Emily Program and its worthiness, good works, and the appropriateness of a for profit entity. The worthiness of the Emily Program is not at issue and it never has been. The neighbors being opposed to locating the program at the Hill School property has been an issue. Regardless of how many times this has been said by numerous neighbors, it seems to be ignored by Dr. Miller. Clearly it is to the advantage of those who favor locating the Emily Program at Hill School to intermingle the two issues and cast those who are opposed as being,in the words of Dr. Miller,irrational,prejudiced, heartless, and narrow minded rubes who do not like people with eating disorders. Dess noted the heartless and narrow minded rubes are his words. The representatives of the Emily Program express shock that anyone would oppose such a worthy mission. Dess stated they have also attempted to turn the opposition of the proposal into a selfish case of not in my back yard. This approach has been disingenuous,condescending, and insulting. Dess stated the residents would like to focus on the appropriateness and the implications of a for profit hospital commercial business located at Hill School. The Council has heard tonight that there are ample reasons for the neighbors to question this proposal. Dess stated he is concerned about the contradictions and remarks made by Dr. Miller and others from the Emily Program since they create distrust and do not address the issues. They also do not seem to support the good neighbor persona that Dr.Miller tells us exists here. During the process we have heard concerns about traffic,parking,congestion, and safety all played down and portrayed as irrational and that there is no evidence of such a thing. In addition,there have been concerns about biohazards that have been equally dismissed. Dess noted there were 13 conditions proposed by Staff for this proposal and that four of them were removed at the request of the Emily Program. The four that were removed are as follows: One,the proposed use will not cause traffic congestion or have peak traffic times which were associated with the former school; two,there shall be no biohazard or medical waste generated at this facility; three, all staff parking shall be within the property's existing parking lot; and four, multi-family Saturday group sessions shall not be held at this location. Dess commented that it has been stated that the Hill School is a typical location for the Emily Program,but no such location that has been discussed tonight is located in a tight residential neighborhood such as Crystal Bay. Finally, there is a double standard that has been going on in this debate. While we hear in public meetings that the Emily Program is a great neighbor,Dr. Miller's statement to the press tells a different story. On the one hand, we see Dr. Miller as a champion of a noble cause; and on the other hand,he seems to be doing everything in his power to demean and belittle his to-be neighbors by personally attacking the neighbors with innuendo and conjecture and creating more disharmony and disruption of the community than anyone can remember. Dess stated he has brought along articles that have appeared in the newspapers this past week. Dess told Dr. Miller that he does not know us,has not listened to us, and has discounted our very real concerns with snide remarks,ridicule and personal attacks. At no time in this process has the worthiness of the Emily Program been in dispute or the fine quality work that the staff performs every day. Dess stated Dr. Miller casts dispersions of our community to the press and has tried to make this a debate of good versus evil,David versus Goliah, when in actuality the Emily Program is a for profit corporation that wants to change the zoning requirements and move into a quiet residential neighbor. Dess indicates he fears what Dr. Miller's response will be if the City Council approves the CUP and a neighbor wants to talk about a parking issue, congestion, the traffic,or safety concerns, and that he would ask the City Council to take that into account. Page 10 of 23 - MINUTES 0' THE ORONO CITY COUN I IL MEETING Monday,Marc 8,2010 7:00 o'clock a.m. (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHO' DRIVE, Continued) Ryan Borne, 1725 Fagerness Point Road, stated he routinel drives through this area and is familiar with the traffic. Borne commented he is hearing a lot of people say t at this is not a health care issue,this is not us wanting this in our community. Borne indicated he feels th.t if this was a 30 child to 100 child school,that there would not be any opposition here even though it wouli certainly add more traffic than a 10-bed inpatient facility. Borne noted the patients would not be driving to a d from the facility since it is an inpatient facility. Deb Vollmar,4879 Main Street East,Maple Plain, stated sh is a mother of a child with an eating disorder. Her daughter was a1996 graduate of Orono High School an. an honor student every semester. In fact, she has been an honor student since first grade. In 1993, she develo.ed anorexia. She was also a member of the National Honor Society and recognized for her poetry and s ort stories at Anoka. She has been on the Dean's list every semester in college and graduated with honors. S e is now employed as an occupational therapist in Milwaukee. Vollmar indicated she is sharing this story with everyone be ause her daughter almost died. Vollmar indicated she did not know anything about eating disorders . d did not expect to be in this situation. Eating disorders are in our school district here and everywhere. There are students with eating disorders at Blake School, at Breck Schools,and in every high school and eve , college in every state. This disease seems to strike the best and the brightest. Vollmar stated she has spoken with her daughter and asked .er to write a short statement. At the time this happened,they had to find treatment,which resulted in the going to several different places for nutrition and therapy. Neither place was trained to deal with eating disor.ers. In August,her weight was at 110 pounds, and she ended up in the hospital in October. The day she w.s admitted she weighed 74 pounds. Vollmar read a statement from her daughter which indicated that this was a very difficult part of her life. Looking back now at all the struggles they went through to 'Ind help or a program that would actually fit was very frustrating. She ended up being with other people wh. were suffering from a mental illness that had nothing to do with an eating disorder. She did not have de ant behavior, did not have difficulty getting along with people, and did not need to be watched 24 hours a day. People with eating disorders have issues with control and self-esteem and suffer from an internal struggle is be okay with themselves. In a hospital setting, she once again felt alone and at a loss. People with eating di.orders are very high functioning. Most of the time people with eating disorders are very private and suffer from internal struggles. There is not a lot of outward behavior that is sometimes associated with other m: tal illnesses. Recovering from this disease involves support but also space to work on a person's own p .vate issues. A residential atmosphere would allow for that supportive environment. It would also provid: an opportunity to work on the skills necessary to fight the illness, allow for activities like meal planning, lea ing how to grocery shop and prepare meals,how to eat and function at the dinner table,how to manage anxie , and social situations involving food,and how to deal with all of the emotions that tend to trigger avoidance o these situations. These are more of the issues relating to eating disorders. It is a different type of illness a d requires a different type of treatment. Vollmar stated as part of her daughter's treatment at the Uni ersity of Minnesota, at the time she was admitted their eating disorder unit was not open. Her daughter was fo ced to be in the mental health lockdown unit at the hospital with men and women with other issues. That .e of situation does not work. At the present time her daughter is doing well,married, and is an occupational t erapist. Vollmar stated at that time she did not think she would live and that these girls deserve a chance. Page 11 of 23 --- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Marcus Blue,2160 Crystal Avenue, stated that he has been hearing a lot of emotional stories tonight and that it was his understanding the residents are here to talk about the conditional use permit. Blue stated he sobered up in 1974,but that does not mean he wants a treatment center in his back yard. Without the treatment center, he would have been dead or in jail and he is thankful he was able to go to treatment. Blue indicated he has helped a lot of people in his life and that he feels for people with this disorder. Every person has a chance to live a good life. Blue stated he has nothing against Dr. Miller except that he is the type of person that if you tell him no,he will sue the city. Dr.Miller is a man that is not willing to give up and is willing to fight. In addition,Dr.Miller has been playing on the Council's emotions. Since sobering up,Blue indicated he has gone through a lot of things and had a hard life,but that he made it. He is currently a business man and a pastor. Dr.Miller can play on people's emotions all he wants,but the facts are that the building size does not meet code. When a resident applies for a permit, they ask you what kind of property you have and what is the land use going to be. The residents need to meet hardcover restrictions. Blue indicated he was told that he could not have excessive hardcover when he came in to apply for a permit. This building does not meet anything that is required but yet the City is willing to give them a 50-foot setback. This facility does not fit this neighborhood. There are a number of buildings in Orono that are bigger and better. The photos displayed tonight show that they can adapt to a commercial zone. Blue stated it could be the forest program in the world,but if the property is too small, the property is too small. Debbie Lewis,2355 Abingdon Way, stated she has resided in Orono for 23 years. All of the objections that she has read and heard do not pass the logic test and some are blatantly deceptive. The residents do not appear to have a land use problem with the Art Center or the school,which is strange. Lewis commented that in her view the Art Center is a big and rather ugly building and is not a house. It has a large,busy parking lot with lots of cars and lights. People are coming and going at all times. They hold classes six days a week year- round, which includes the summers and during school breaks. Lewis noted also at the Art Center there are people going there and working there that the neighbors don't know. In addition,there are fire hazards all over the Art Center building. They have oil paint,paint thinner, rags, and firing kilns,which does not seem to be an objection. Lewis asked how it could not be objectionable to the neighbors to have a school that could have 100 kids. It would certainly generate lots of traffic,teachers,janitors, lots of people,lots of cars, lots of commotion. Lewis stated the slippery slope argument also applies to the CUP that the school was granted. There could be a school of any particular kind at this location and that she is sure there are some types of schools with some types of students that someone will disagree with. Lewis questioned how the current property values are not impacted by the Art Center or the school. There are lots of people who do not like to buy next to a school. Lewis stated that what is different in this situation is that the people the Art Center and the school serves are different from the people who might go to this treatment center. If there is enough land for a school to have kids out for recess, then there is enough land for 10 people to be in that treatment facility. Lewis commented she is also embarrassed by the code words that keep getting used, such as, it's only a land use problem. I know lots of people with this type of disorder. Lewis commented it is that kind of attitude that she hears going on here and that she is rather embarrassed by that. Lewis indicated she is also at this point really annoyed by the subtle intimidation that is going on here with Mr.Printup wearing his official uniform. Page 12 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Geri Scherer, 15 Orono Orchard Road, stated she has exchanged e-mails with Shari Danielson and spoke with Aaron Printup. Scherer indicated she does not live close to the Hill School,but that she would like the Council to know that Mr. Printup put something in her mailbox cove ed with labels, such as runaways, attempted suicide victims, etc. In addition,Mr. LeQuay has talked about biohazard removal and frequent ambulance runs to the site. Scherer noted she is a licensed psychologis-and also suffered from an eating disorder in her early 20s. Scherer stated she finds those types of labels appalling. Scherer stated she supports the Hill School site for the Emily Program,and pointed out that, as Mr. Cooper said earlier tonight, something is going to go in that site. Being that it is zoned for a school, it could be an alternative school or an English Secondary Language program, and that the residents should be careful for what they wish for. Judy Blue,2160 Crystal Avenue, stated she has lived in this neighborhood since 1979. Blue stated that this neighborhood is not your typical residential neighborhood. It consists of houses that are small and located close to the road and the streets are very narrow. Blue commented she likes her neighborhood that way because it is very homey and cabin like. Almost any day of the week you can go there and see little kids in the streets playing with dogs and on their tricycles and bicycles. Blue reiterated that this is not your average residential neighborhood. Blue noted she has two daughters in their 20s, and if she were to pick a location for this facility, she would not pick this neighborhood but would rather pick one with a coffee shop,a café,and college students their own age. Amy Blecker, 1380 Arbor Lane, stated she would like to focus on the so-called survey and the data that was presented at the last meeting. Blecker encouraged the City Council to rethink how much weight they give to the survey. Blecker stated she apparently was included as part of the survey but that she had no idea that she was surveyed. Blecker stated there should be more of a random sampling, and that her guess is that the people who did the survey was a group of people who were opposed to the facility, found other people opposed to the facility, and that they assigned names as being for or against it without actually surveying them. Blecker suggested the City Council question the validity of the survey because in her opinion it does not represent a true sampling of the neighborhood. Blecker asked that people stop saying they are in support of the program but not in their neighborhood because in her view you cannot be both. On the one hand it appears that the residents are saying that they know better than the program because they know where it should be located and that they know more than the Planning Commission that voted in favor of the Emily Program. Blecker indicated she lives in the Crystal Bay area and that she does not understand where all these neighbors came from since there are very few houses in that neighborhood. The media attention being drawn to this paints a very negative picture of Orono and the people who live in it. The City Council is responsible for the community's presence and future well being, and that how this looks to the rest of the state should also be considered. People are emotional about this issue,people do want these girls to get help, and that the setbacks are not as important as some of the other issues being discussed. Blecker questioned whether or not there would be this much opposition to a rest home or a hospice center for cancer patients. Blecker stated there is something about this particular program that people don't want in their neighborhood, and that her only guess is that it is perhaps the stigma associated with mental illness,which she finds very sad. Page 13 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, Continued) Julie Ann Peterson, 1355 Arbor Street,noted she is one of the closest neighbors to the school and that she has lived there for 20 years. The Hill School has gone through a number of iterations over the years and they have always been good neighbors. Peterson stated she has enjoyed the kids and would watch them walk over to the Crystal Bay Park for recess. Peterson stated her concern is the 24/7 operation as opposed to the Hill School's five day a week weekday operation. Peterson stated she sees the building from her property and that it is a large two-story building adjoining her back yard. Peterson encouraged the City Council to think about the impact this would have on her patio and deck. Peterson indicated she works in the health care industry,which is a busy, stressful job, and that she loves sitting outside in her yard in the evenings. The Art Center is quiet and has its parking over by County Road 51. Peterson stated this facility will have lights on in the evening and the residents will want their windows open on a nice day,which will mean that she will be able to hear their conversations and other noise generated from the building. Peterson stated this will change the residential character of the neighborhood. Aaron Printup,2195 Prospect Avenue, stated he resides in a 110 year-old, one bathroom, one bedroom home with his 15-month old daughter, and has been a life-long resident of Orono. Printup indicated he is a correctional officer with the Depai lucent of Community Corrections and Rehabilitation. Printup stated he is opposed to the CUP and that the issue is about preserving the character and integrity of the laws in Orono's Community Management Plan, specifically relating to land use. The Hill School is zoned for rural residential. Preservation being the guide,that should lead the City Council to vote no on the CUP. Hill School sits on a site that consists of.58 acre,which is too small for a hospital facility. Printup stated according to county property information,Hill School was purchased eight years ago for $210,000 and is reportedly selling for around$875,000. With the proposed renovations, it would be approaching the$3 million mark,which does not make sense for a lot that is .58 acres. Crystal Bay is a residential zone and not a commercial zone. If the current applicant were to vacate the property, the next entity to move in would be another health care facility. The CUP goes with the land. If that is the case, there is no stopping my neighbor from selling to a health care facility because a precedent has been set by the CUP being granted to the Hill School. Printup stated from the beginning of this application process,mistakes may have been made and that perhaps land use wasn't look at originally. Printup commented he is thankful so many friends and neighbors did so much legwork. The Hill School is a historic landmark and variances of the past were associated with a school, not a new hospital. No new variances should be issued. Hospitals are not allowed in rural residential. Commercialization belongs in Navarre and not in Crystal Bay. Printup encouraged the City Council to protect Crystal Bay from the encroachment of incompatible land uses and to maintain the historic identity and characteristics of Crystal Bay by voting no on this application. Printup pointed out that Hill School is guided by rural education land use and it is stated in that section that the Hill School be relatively small and low key. Making this a 24/7 hospital is not low key. The health care plan being suggested should be located in the Navarre area. If the Hill School becomes a hospital,it will always be a hospital. The City cannot guarantee that it will not evolve into something else. The applicant has suggested that the City could cancel the CUP,which is not legal. The applicant has offered to withdraw the CUP if they ever leave,which is also not legal. The CUP goes with the land. The fact is,with the CUP,any type of drug or rehab facility could operate at this site due to the Americans with Disabilities Act. Printup indicated that attempts to develop an IUP will not work either because of the same problems. Page 14 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8, 2010 7:00 o'clock p.m. (#10-3442 THE EMILYPROGRAM, 2180 NORTH SHO DRIVE, Continued) Printup encouraged the City Council not to reinvent the wh=e1. If the code is not broken, don't try to fix it. The neighbors are trying to make absolutely certain that a d;cision made today does not have any negative consequences in the future. During this process, Dr. Miller as resorted to allegations of ignorance,prejudice and name calling. We have facts to support everything we ave said and reasons for asking. Dr.Miller has decided to not be clear and straight forward with the City. 'rintup reiterated that the CUP stays with the land forever. The lot is entirely too small for this facility, it does 't make sense, and it doesn't fit. Dr.Miller has made this into a circus of emotions and now a media circus. Dealing with emotions is appropriate in a clinical setting but not appropriate at a council meeting. Dr.Miller s trying to divide and conquer the City of Orono and is evading questions by trying to shame us into submiss on out of fear of appearing cold-hearted. Mike Maddie, 2115 Prospect Avenue,noted he had gone t 'ugh a number of issues at the previous meeting that the residents wanted answers to. Maddie indicated he ould stand behind the data presented and that the intention of the data was not meant to draw a conclusion or n opinion but to ask questions. Maddie stated he had hoped the Council at some point would address those q estions. Maddie encouraged the City Council to take additional time on the application if they deem it neces•ary. Maddie noted that Steve Byrnes found some data that the e ergency calls would not be high emergency siren calls, which was a concern of some of the residents. Maddi- indicated he had a concern that emergency calls to the neighborhood would cause anxiety for his children. I addie reiterated that the spirit of the investigation has been to understand the facts and to take the emotions ou of it. Dr. Miller, Executive Director of the Emily Program, stated •ver the last couple of months many words have been spoken about the Emily Program's proposed project. I hese words have been spoken before the Orono Planning Commission, City Council, at a neighborhood mee ing, in individual conversations and in the media. Most of those words have been spoken with passion and co itment and some have been very heated. The Emily Program has worked hard to respond to questions by he Planning Commission, City Staff, City Council, and city residents. Miller stated people with eating disorders are good people . Id they are not a danger to others. Miller stated that sometimes people are afraid of what they don't know. 'luring conversations with residents from the City of Orono,representatives of the Emily Program have tried t• dispel myths and fears about eating disorders. Eating disorders do not happen in a vacuum. Some people 'th eating disorders do have other mental and physical problems, including chemical dependency, depressi•n, coronary disease, osteoporosis, anxiety disorders, and other illnesses. The Emily Program treats the whole person and all of his or her problems so that he or she can live a more peaceful life. The Emily Pro• am has been doing that for 17 years. Miller pointed out that people with eating disorders live in e ery community of our region, state, and nation, including Orono. About 11 million Americans and approxi ately 176,000 Minnesotans suffer from an eating disorder. Nearly half of Americans know someone with an bating disorder. The Emily Program knows that treatment works and people can recover. Miller stated residential treatment as proposed at the Hill Sc ool is especially important. Chaska and St. Paul have embraced their residential treatment facilities. The peo•le of Orono have heard from those communities that our clients, staff, and programs have a positive impact i their neighborhoods. People with eating disorders are not dangerous. As a group they are very consc'entious and continually are productive members of society while fighting their illness. Page 15 of 23 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`h. 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 10th, 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 10th 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 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8, 2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, Continued) Lindgren pointed out that additional delays would cost the Emily Program money but that they are willing to continue to work with the City. The Emily Program feels this is a good use,not just for the City,but also for the community. The proposed solution addresses all of the valid concerns that have been raised. The Emily Program's intention is to operate a residential eating disorder facility,which is something that clearly belongs in a residential neighborhood, is reasonable subject to some conditions, and an interim use permit is a way to address the concerns raised. Lindgren stated by offering up this suggestion,the Emily Program is willing to compromise. Lindgren pointed out that the Emily Program has property rights as a party to a real estate transaction just as the residents have rights, and that it is the role and responsibility of the City Council to balance those. Lindgren stated he is hopeful that this compromise would help create the bullet proof use that was discussed earlier tonight. Kitty Westin stated she is the immediate past president of the National Eating Disorders Coalition for Research,Policy and Action, and in that capacity she has traveled around the country and the world speaking about eating disorders and advocating at both the state and the national level for better access to care and treatment. Westin stated she is a licensed psychologist,works part-time at the Emily Program, and is also a mother of a 21 year-old daughter who died ten years ago from an eating disorder after being denied the level of treatment needed. Westin stated there are thousands of men and women who die each year because they do not get appropriate care to treat their eating disorder. Ten years ago,Minnesota had no residential beds for eating disorders. Since that time,Minnesota has developed licensure for eating disorder facilities, which is a huge accomplishment. Today the Emily Program opened the new Anna Westin House in St. Paul, which brings the number of treatment beds in Minnesota to 16,which are not nearly enough beds to treat the 176,000 Minnesotans who struggle with eating disorders. Residential treatment facilities are saving lives every day. Westin stated there is no doubt that Orono would be proud to help save additional lives with the 10 additional beds in the Hill School, which would also be called the Anna Westin House. The right thing was done when the first Anna Westin House was opened in Chaska. That facility was an eight bed residential facility every day of those seven years. The facility expanded and moved to St.Anthony Park. Westin stated she would not allow it to be called the Anna Westin House if she did not feel good about how the Emily Program worked with clients and how both the Emily Program and its clients fit into a community. Westin commented that the Anna Westin House at Hill School is a wonderful prospect for parents and families in Orono and that she knows first-hand how needed those beds are. Westin stated she truly believes that had there been residential care available ten years ago, her daughter would be alive today. Westin stated she is proud and grateful to know that with the houses built in her name,Anna did not die in vain. The City of Orono and its residents have the opportunity tonight to prevent other families from going through the horror of losing one of their own. Westin asked the City Council and the residents to embrace this new Anna Westin House in Orono and vote in favor of the conditional use permit. White stated the issue before the City Council tonight is a land use issue and not whether they like or dislike the program. As it relates to the conditional use permit,the applicant's attorney has suggested an IUP. White asked whether a conditional use permit does indeed go with the land. Mattick indicated that is correct. -- -� Page 17 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) White asked whether the CUP can be surrendered based on certain conditions and restrictions that the City may impose on it once the applicant vacates the property. Mattick indicated it is clear from Minnesota law that CUPs are not meant to be sunset. One of the options discussed early on was whether the City could do something via agreement with the CUP,whereby the City says if it stops being the Emily Program, and the Emily Program signs the CUP and agrees to terminate the CUP,whether that would work. Mattick stated his response to that is that there is not case law that says you cannot do it,but that he has a concern with that option because the law states that you are not supposed to sunset it. Mattick stated in his opinion a conditional use permit should not and cannot be terminated,which brought about the discussion on the possibility of an IUP. White stated it appears that all the council members and staff are in agreement that a CUP does not provide the land protection element that has been discussed. White asked whether all the variances being requested with this application are distance variances. Curtis noted there is a structural coverage variance also. White stated under the use proposed here,there should be a 100-foot setback. Mattick stated that hospital uses requires a 100-foot setback. McMillan stated the applicant would like to come in under the hospital use language and the setbacks that go with it. McMillan asked if the City of Orono has anything in their code concerning residential treatment facilities. Mattick indicated they do not. Bremer noted if the number of beds at this facility was six beds or fewer, the City would not have the ability to control much about that. Mattick stated that is correct. Mattick pointed out that the statute does not specifically say six beds but reads serving 0 to 6. If the facility serves more than six patients on an outpatient basis,that would be treated differently and could be regulated by the City. If you are serving six or fewer, it is a permitted use in this type of zoning district. White asked if the setbacks would still need a variance. Mattick stated there may be some setback variances associated with that type of use but it would be considered a permitted use. White noted this is an existing structure. McMillan noted this would be a new use for the CUP and not an existing use. Mattick indicated that is correct. Page 18 of 23 MINUTES 0 THE ORONO CITY COUN IL MEETING Monday,Marc 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILYPROGRAM, 2180 NORTH SHORE DRIVE, Continued) Bremer stated this has been a very helpful process and that t is emotional both ways. The City Council needs to base its decision on a document that was drafted a long t'i e ago that did not envision these things when the City was going through its Comprehensive Plan review. B -mer stated she will need to rely on her training and expertise that she gained serving on the Planning Co ission,which taught her that as part of this process, each property should be treated as unique and that ,ou have to take the property as is and accept that the applicant has the best of intentions. Bremer stated she would welcome going through the CUP 'rocess first before discussing the IUP. If the vote were held tonight for a CUP, Bremer indicated she would li ely vote no because the conditional use permit does run with the property. Bremer stated she would like to know specifics on exactly what the parking requirements are. Bremer noted tonight the City does not ave enough parking at the Orono City Hall building, but that 99.9 percent of the time there is ample pa king. Bremer commented that the City needs to be realistic and realize that a person cannot accommodate eve , situation. Bremer stated another uncertainty is the impact this facility will have on the traffic,but that she oersonally does not feel this facility will add much to the traffic in the area. Bremer noted the City has require'; applicants in the past to undergo traffic studies, which may become necessary if this application proceeds to the next step. Bremer stated in her view a conditional use permit is too pe anent and too much of a shift from the Hill School and that an IUP should be discussed. Murphy stated for those who were in attendance at the first eeting,he would like to assure everybody that the issue before the City Council is about the use of the land more than anything else. Murphy commented he personally feels the program is fantastic and that they are •ng to help people who have one of the most difficult disorders there is. Murphy stated as the process has proceeded along, and also taking into account the larger community,the conditional use permit has several fatal flaws in it. The Ci Council has not had the opportunity to take an indepth look at a landscaping plan, the parking situation, or he traffic situation, and that the application has gotten somewhat hung up on the emotional side of things. Murphy stated he is intrigued with how something other th. a CUP might or might not work for this site. Since the application is about a facility that helps save lives he would not be troubled extending the time period so those questions can be answered more clearly for veryone. McMillan noted she has received a number of letters regard g the land use issues. McMillan stated in her view this is an issue about land use and that a conditional us- permit for a new use should meet minimum setbacks to assure that the commercial use is not a detrimen t to the neighborhood. McMillan stated it is also an intensification of use from a day school to a 24/7 inpatie t client as well as outpatient. McMillan noted the City has not gotten any definitive answers on how big the o tpatient portion would be. McMillan stated in addition to the intensification of use, the e would be a substantial amount of renovation required to convert the existing building into a residential health care facility. The applicant would invest a substantial amount of money and the building would take o a new life as a health care facility. McMillan commented that businesses and uses come and go but the b i ldings and their permitted uses remain. Residents come and go but the houses remain. Future councils are the' left to deal with any issues that arise. McMillan stated it is very important that the City Council look at the conditional use and what will be there in the years to come and not get hung up on the business that is there c ently. Page 19 of 23 r � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM,2180 NORTH SHORE DRIVE, Continued) McMillan commented she understands that the Crystal Bay neighborhood is very residential and has not been on the edges of commercial areas. Orono is a residential city with limited commercial use and the City Council has an obligation to protect that residential portion. The Art Center has been a long-time existing use in the neighborhood and at the time their new building was constructed,they conformed to lot area, lot width, and all the setbacks. It is located on five plus acres. The Art Center also agreed not to advertise their restaurant part. McMillan stated she is very cognizant of the fact that the Art Center has had these restrictions placed upon their commercial activity. McMillan stated she is fearful that if the Emily Program is approved, the City may experience commercial creep and other blocks in this area may feel pressure to sell to a commercial enterprise if they are unable to sell their house. McMillan stated maintaining the integrity of a residential neighborhood is very important. McMillan indicated she also has reservations with an IUP and the impact it could have on the rest of Orono. Due to the economy,there are a number of vacant buildings in the area,which may result in pressure being placed on future councils if a substantial amount of money is invested into a building and an interim use permit is approved. McMillan reiterated that she has a number of reservations on what it would mean for the entire City of Orono and not just related to this application. Murphy stated at the previous meeting he encouraged people to become educated on the program,which the residents have done. There is no question that an IUP is not a silver bullet either and that the City Council needs to understand the ramifications of an IUP far more clearly than what we do today. White asked if,under an IUP, the proposed use has to conform with the approved underlying uses of the district. Mattick stated that is one of the requirements. The IUP statutory requirements are that it must conform to the underlying zoning but that the City Council does have the ability to place conditions on the permit if it is an allowed use. White asked how hospital zoning got put into a district like this originally. White commented that schools and churches historically were placed in residential areas. Gaffron stated hospital uses have been in the code since approximately 1968, and that the code has not changed significantly since that time. Murphy stated that is one of the issues that will have to be dealt with more specifically. Some of the words used in the code are outdated, such as sanitariums and rest homes. Murphy commented that the Emily Program is really not a hospital in the true sense of the word and that the City Council and Staff will need to look at the definitions in the code,which may mean that the City Council will need some additional time to address those issues. White asked if a hospital can come in here under an existing conditional use permit with the current zoning if the Emily Program vacates the building. Mattick stated the City's code reads hospitals for human care. Bremer noted the applicant has indicated there is a state moratorium on hospitals. Page 20 of 23 ) MINUTES 0 THE ORONO CITY COUN IL MEETING Monday,Marc i 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILYPROGRAM, 2180 NORTH SHO ' DRIVE, Continued) White stated if this is a hospital who wants to treat people ith serious disturbances, if that would be allowed if the Emily Program would vacate the property and a cond tional use permit was granted. Mattick stated that is part of the issue. The present languag- in the code reads a hospital for human care. When you review the Emily Program, it talks about a trea ent facility for human care. There has been testimony that the Emily Program is not licensed as a hospi 1.1 through the state like a sanitarium or a nursing home would be. Dr.Miller has indicated that they are not a hospital and that if there is a medical issue,they would call an ambulance. On the same token, the City is no t prohibited by their code from taking a broader view of what a hospital is than what the state has taken fro their licensing standpoint. Mattick stated the City's code is undefined as to what a hospital is so it would se natural to look at other definitions of what a hospital might be, and that one of those places to look migh be the state's definition of what a hospital is. Bremer asked if, under an IUP there would still be the sam: zoningoverlayor how that would change with IUP. g an Mattick stated switching it to an IUP does not change the z.i ing and that the IUP would still need to fit the underlying zoning. The applicant has been clear that they a e a state licensed residential facility. Mattick stated the City may need to take a look at the underlying us:s to ensure that this falls under that. White stated in his view that is the first thing that should be looked at and that the City also needs to determine the definition of a hospital. McMillan asked if the hospital for human care definition is he only possible use a residential treatment facility can come under. Mattick stated as the code exists,based on his review, there eally is nothing else that would fit this zoning. Murphy stated based on what he knows now, he would vote no on the CUP. Murphy commented he has attempted to listen to the concerns of the neighbors and that here is a fair amount of concern over what this property could become. Murphy stated he is troubled by w .t could happen at this property should the Emily Program leave, which cannot be overlooked. White noted the applicant also recognizes that concern and as suggested an IUP. Murphy stated the applicant has made a good faith effort to ;,o forward with the application and that the City Council should take a hard look at it in that context. White stated the City owes it to the applicant and to the resi.ents to take a hard look at all the issues. McMillan stated the City Council has always taken a hard st d on land use issues and hardcover issues, even to its own citizens,because the City is very protective of its and use ordinances for both residential and commercial properties. Those protective steps have added a lot of value to our City and have helped create a nice buffer between the houses and the lakeshore. White pointed out the fact that an attorney has appeared toni l ht on behalf of the Emily Program is not a unique situation and that a number of applicants appear with an atto ey before the City Council. Page 21 of 3 --- • MINUTES OF THE - ORONO CITY COUNCIL MEETING Monday, March 8,2010 7:00 o'clock p.m. (#10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) White requested the City Attorney look at the IUP process. Mattick noted the City Council is not going to make the decision based on opposition or support of the application but that the threshold analysis will be what the definition of a hospital is. Mattick stated one of the concerns raised is the permanency of a conditional use permit and that the City Council would like to explore the notion of an IUP along with some of the other issues discussed, such as traffic,parking, and noise. Murphy moved,Bremer seconded,to table Application#10-3442,The Emily Program, 2180 North Shore Drive. McMillan stated she would not vote in favor of an IUP and Council should vote on the application that is before them tonight. She expressed concern about the time element of an IUP. VOTE: Ayes 3,Nays 1,McMillan Opposed. (Recess taken from 9:28 p.m.to 9:39 p.m.) MAYOR/COUNCIL REPORT None CITY ENGINEER'S REPORT None CITY ADMINISTRATOR'S REPORT *10. APPROVE SAFETY COMMITTEE AND SAFETY POLICY—RESOLUTION NO. 5924 Murphy moved,McMillan seconded,to adopt RESOLUTION NO.5924,a Resolution Establishing the City of Orono Employee Safety Committee and Adoption of the Safety Program Policy Statement. VOTE: Ayes 4,Nays 0. *11. BID AWARD—STREET MAINTENANCE MATERIALS BID 2010 Murphy moved,McMillan seconded to award the 2010 Materials Bids as outlined in Staffs Report. VOTE: Ayes 4, Nays 0. Page 22 of 23 City of Orono lit 10-3438 DNA Properties, LLC, 1535 Bohns Point Road,LR-1 B zoning district,requests preliminary plat ap- proval in order to create three one-plus acre lots where NOTICE currently one 4.89 acre property exists resulting in two ad- The Planning Commission will hold pu.lic hearings in the ditional buildable lots. P Orono Council Chambers at 2780 elley Parkway on 10-3439 Sean and Marie McLean,25 Cygnet Place, .+ "— Tuesday,January 19,2010,beginning.t 6:30 p.m.on the RR-1 B zoning district,requests a setback variance to con- matter of reviewing the following land se applications: strdct an open entry porch with a 36-foot setback from newspapers 06-3234 Beisel& Dunlevy,PA on .-half of Bridgewa- Cygnet Place when a 40-foot setback exists and a 50-foot ter Bank,4725&4731 North Shore D ive,LR-1 B zoning setback is required and approval to change the roof line AFFIDAVIT OF PUBLICATION district,requests renewal of approvals.ranted in 2006 for over the existing entry porch and portion of the garage lot line rearrangements and lot area,I.t width,and hard- within the 50-foot setbacks from Cygnet Place and Wa- cover variances in order to create two I is where three lots tertown Road. STATE OF MINNESOTA ) previously existed. 10-3440 Robert and Mary Sansevere, 745 Orchard ) SS. 08-3350 J.Sven Gustafson on beh If of Frederick Pe- Park Road,RR-1A zoning district,request a variance to COUNTY OF HENNEPIN ters,3127 Casco Circle,LR-1C zoni .district,requests allow two Oversized Accessory Structures(OAS)on their a revision to the previously approved side setback vari- Property where one OAS is normally allowed and one ance for the tennis court to have a 22-•ot setback on the OAS currently exists. An OAS is an accessory building Richard Hendrickson, being duly sworn on south side and a 30-foot setback on th.north side instead 1,000 square feet or above.The applicants currently have an oath,states or affirms that he is the Chief of a 30-foot setback on the south side and a 22-foot set- one, 1,200-square-foot OAS on the property and would back on the north side. (The required .etback is 30 feet.) like to construct a new 3,000-square-foot building. Financial Officer of the newspaper(s)known 09-3407 Anna Ovsyannikova on behalf of Elena 10-3441 Magdalen M.Pidgeon Trust,Madelyn J.Epple as Ovsyannikova,3409 Eastlake Street,LR-1A zoning dis- Trustee, 3625 Eileen Street, LR-1A zoning district, re- Plymouth, Wayzata, Orono Sun-Sailor trict,requests creek setback,side yard setback and hard- quests subdivision approval to create a separate tax par- cover variances and a conditional u-- permit for filling cel for the portion of tax parcel 05-117-23-24-0039 that is within the floodplain in order to constr ct a new detached owned by the Magdalen M.Pidgeon Trust. garage on the property.The new garag-is proposed to be 10-3442 Dirk Miller of The Emily Program,2180 North constructed 3'from the side lot line wh re a 10'setback is Shore Drive,RR-1 B zoning district,requests approval of and has full knowledge of the facts stated normally required,a 40'setback from he creek where a a conditional use permit to allow an 8-bed,in-patient eat- below: 75'setback is normally required. Har.cover is proposed ing disorder residential treatment facility on the property. tA The newspaper has com lied with all of 5 decrease within the y' setbac from 63.25% to 10-3443 LecyBrothers Homes on behalf of Timothy& (A) p 50.16/where 0%is normally allowed=nd is proposed to the requirements constituting qualifica- decrease by 7 square feet within the 5-250'resulting in Juliann Hadden,2655 Shadywood Road,LR-1B zoning 49.16%where 49.70%currently exist- and 25%is nor district,requests a 0-75 zone hardcover variance and a tion as a qualified newspaper as provid- mally allowed. lake setback variance in order to construct a new home on ed by Minn. Stat. §331A.02, §331A.07, 09-3414 Patrick and Kathleen Middleton, 720 the property. and other applicable laws as amended. Tonkawa Road,LR-1 B zoning district request a revision 10-3444 City of Orono proposes an amendment Chap- to the previously approved structural c. erage variance to ter 78 of the Orono Code(also known as the Zoning Code) (B)The printed public notice that is attached allow 18.01 percent structural coverag-when 17.85 per- to define a site plan review process for the Business(B) was published in said newspaper(s) cent was approved and 18.64 percent.reviously existed. and Industrial(I)zoning districts to replace the code pro- once each week,for one The purpose of this change would .e to allow a 36- vision that requires City Council approval of all building Successive square-foot entry porch rather than a 1 s-square-foot entry permits in these zoning districts. week(s); it was first published on Thurs- porch. Hardcover variances are also r-quested to clarify All persons wishing to be heard are encouraged to attend day,the 7 day of January the amount of hardcover allowed in t - 0-75,75 to 250 this meeting. This is not a final agenda and is subject to and 250 to 500 foot zones. change prior to the hearing. Written comments are ac- 2010, and was thereafter printed and 09-3418 Dennis Batty on behalf of Brook Investment cepted and should be submitted to the City of Orono by published on every Thursday to and in- Group LLC,3421 to 3435 Shoreline Drive, B-1 zoning January 12,2010 if possible. Interested persons may re- viewcludln Thursday, the dayof district, requests commercial site pla approval to con- struct a separate,two-story building on the east end of the please call(952)249-4620. ,2010;and printed existing building on the property. The proposal includes City of Orono structural coverage, hardcover, parki g lot setback and By: Planning Commission below is a copy of the lower case alpha- building setback variances as well as a variance to the bet from A to Z, both inclusive, which is number of required parking spaces. Published in the Sun Sailor on January 7,2010.Posted at: Orono City Offices, Crystal Bay Post Office. hereby acknowledged as being the size 09-3425 James Johnson,650 Big sland,RS zoning Long Lake Post Office,Navarre Post Office and kind of type used in the composition district, requests an after-the-fact con itional use permit and after-the-fact hardcover variance f it lake-side retain- (Jan. 7,2010)a2-hrgs 01-16-2010-CM and publication of the notice: ing walls and a patio within 75'of the I'HWL. abcdefghijklmnopqrstuvwxyz BY: C -G r CFO Subscribed and sworn to or affirmed before me on this 7 day of January , 2010. Notary Public • R:l,, MARY ANN CARLSON • CZ'r', ' NOTARY PUBLIC-MINNESOTA -i)'_ MY COMMISSION EXPIRES 1-31-14 CityCI Pill of Orono 10-3438 DNA Properties. LLC. 1535 Bohns Point Road LR-1 B zoning district,requests preliminary plat ap• i Official Publication proval in order to create three one-plus acre lots where NOTICE currently one 4.89 acre properly exists resulting in two ad- The Planning Commission will nod pu'IiC hearings in the ditionai buildable lots. C = _ Orono Council Chambers at 2780 -Trey Parkway on 10-3439 Sean and Marie McLean.25 Cygnet Place. Tuesday,January 19.2010,beginning:t 6:30 p.m.on the RR-1 B zoning district,requests a setback variance to con- matter--"" --- - - ,-- of reviewingthe following land sea applications:9 PP strict an open entry porch with.a 36-loot setback from li ews 1)aperS 06-3234 Seise!&Dunlevy,PA on.-halt of Bridgewa- Cygnet Place when a 40-toot setback exists and a 50-toot ter Bank.4725&4731 North Shore D ive.LR-1B zoning setback is requirea and approval to change the roof line district,requests renewal of approvals trantedin2006for over the existing entry porch and portion o1 the garage AFFIDAVIT OF PUBLICATION tot line rearrangements and lot area.I't width,and hard- within the 50-foot setbacks from Cygnet Place and We- cover variances in order to create two I•Is where three lots terlown Road STATE OF MINNESOTA ) previously existed. 10-3440 Robert and Mary Sansevere. 745 Orchard SS. 08-3350 J Sven Gustafson on beh:II of Frederick Pe- Park Road.RR-1A zoning district.request a variance to COUNTY OF HENNEPIN tars.3127 Casco Circle,LR-1C varlet.district.requests allow two Oversized Accessory Structures(OAS)on their a revision to the previously approved side setback van- Property where one OAS is normally allowed and one ance for the tennis court to have a 22-•ot Setback on the OAS currently exists. An OAS is an accessory building Richard Hendrickson, being duly sworn on South side and a 30-foot setback on th=north side instead 1,000 square feel or above The applicants currently have an oath,states or affirms that he is the Chief of a 30-toot setbar k on ilia south side and a 22•toot set- one. 1.200-squtere•foot OAS on the property and would back on Inc north side. (The required etback is 30 feet.) like to construct a new 3.000 square-toot building. Financial Officer of the newspaper(s)known 09-3407 Anna Ovsyannikova on behalf of Elena 10.3441 Magdalen M Pidgeon Trust.Madatyn J.Eppte a5 Ovsyannikova,3409 Eastlake Street.LR-IA zoning dis- Trustee. 3625 Eileen Street. LP-IA zoning district. re- Plymouth, Wayzata. Orono Sun-Sailor trict.requests creek setback,side yard setback and hard- quests subdivision approval to create a separate tax par- cover variances and a conditional us- permit for tilling cal for the portion of tax parcel 05-117-23-24-0039 that is within the floocombplain in order to co t a new detached owned by trio Magdalen M.Pidgeon Trust garage on the property.The new garag is proposed to be 10-3442 Dirk Miller of The Emily Program.2180 North Constructed 3'from the side lot line wh re a 10'setback is Shore Drive. RR-IS zoning district.requests approval of and has full knowledge of the facts stated normally required,a 40'setback from he creek where a a conditional use permit to allow an 8-bed.in-patient eat- below: 7to5'setbackdecrease is within normatthe iy re0-quired75 .setbac Har•coverfrom is p63.25%roposedto ing disorder residential treatment facility on the property. (A)The newspaper has complied with all of 50.16%where 09%is normally allowed:nd is proposed to 10-3443 Lecy Brothers Homes on behalf of Timothy& the requirements constituting qualifica- decrease by 7 square feet within the 5-250'resulting in Johann Hadden,2655 Shadywood Road.LR-1 B zoning 49.16%where 49.70%currently exist- and 25%is nor- district-requests a 0-75 zone hardcover variance and a tion as a qualified newspaper as provid- matly allowed. lake setback variance in order to construct a new home on ed by Minn. Stat. §331A.02, §331A.07, 09-3414 Patrick and Kathleen Middleton, 720 the property. and other applicable laws as amended. Tonkawa Road.LR-1B zoning district,request a revision 10-3444 City of Orono proposes an amendment Cnap- to the previously approved structural c• erage variance to tel 78 0l the Orono Code talso known as the Zoning Code; (B)The printed public notice that is attached atfow 18.01 percent structural Coverag when 17.85 per- to define a site plan review process for the Business(B) was published in said newspaper(s) cent was approved and 18.64 percent•reviousty existed. and Industrial Ill zoning districts to replace the code pro- The purpose of this change would •e to allow a 36- vision that requires City Council approval of all building Successive square-loot entry porch rather than a 1 -square-foot entry permits in these zoning districts. week(s);it was first published on Thurs- porch. Hardcover variances are also r-quested to clarify All persons wishing to be heard are encouraged to attend day, 7 dayof January the amount of hardcover allowed in t - 0-75.75 to 250 this meeting This is not a final agenda and is subtect to yand 250 to 500 foot zones. change prior to the nearing. Written comments are ac- 2010, and was thereafter printed and 09-3418 Dennis Batty on behalf of Brook Investment cepted and snould be-submitted to the City of Orono by published on every Thursday to and in- Group LLC.3421 to 3435 Shoreline 'rive.6-1 zoning January 12 20t0 if possible. Interested persons may re- district l reguests commercial site pta approval to tom Plea:the applrcatrn4 at City offices. Cbr an appointment. eluding Thursday. the ..____ day of 5truOaSeparate.two•storybuildingon he east end of the please Calltt152i249.4620 __ ___ .2010:and printed existing building an the oroperty The proposal includes City of Orono structural coverage hardcover. park+ . lot setback and By Planmro Commission below is a copy of the lower case alpha- building r eouir variances as well as a valiance to IhE Published ir'0 tot'.Sun Sa-%or c n Jana; 2010. bet from A to Z.both inclusive, which is number or ravwr2U parking spaces. > PgSted at Of Sna Gil•Offices.CrySa•Bay Po5t Olt.. hereby acknowledged as being the size 09-3425 James Johnson 650 Big stand RS zoning Long Lake Post Office'.Navarre Post Office and kind of type used in the composition district.requests an altar-vie-tact con itional use permit and after-the-fact hardcover variance tir lakeside retain- (Jail -.2010)a2-hrgs(it-15.20t0.CM and publication of the notice: ,rig wails and a patio wdriin 75 of the IHWL abcdetghitklmnoperstu iexyz � ' 1 BY: f €ler: CFO Subscribed and sworn 10 or affirmed before me on this 7 day of January .2010. 2/7 , ' Notary Public ^"fir MARY ANN CARLSON ' •' NOTARY PUBLIC-MINNESOTA "1_ MY COMMISSION EXPIRES 1-31-14 qb 1 The Emily program personalized treatment for ating disorders. Contact Information Conditional Use Application To Whom It May Concern: Please correspond with Lindsay Brown at The Emily Program regarding the status of our organization's Conditional Use Permit Application. Lindsay Brown can be reached directly at (651) 379.6130 or lindsayPemilyprogram.com. Lindsay has my permission to handle all aspects of the Conditional Use Permit Application on my behalf. Best regards, b te-41,l,c-c_t • ND Dirk Miller, PhD, LP Executive Director I' RECE 'J D ;;• Main Phone:(651)645 5323 www.emilyprogram.com CITY OF •RON4) 0 4i014kEs11 G 1!'ilk ti City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: For Office Use Only: . AD 2750 Kelley Parkway P.O. Box 66 City Planner: Orono, MN 55356 Crystal Bay, MN 55323-0066 Meeting Date/Time: PC Date: , Jo4 Main: 952-249-4600 �/ Fax: 952-249-4616 What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: Property Identification N tuber(PIN): Zoning District: — gj Size of Property: DESCRIPTION OF REQUE. : ❑ Res. Access. Use NI;Institutional ❑ Guest House/Guest Apt ❑ Duplex Credit/Bldg 0 Comm / Indust Use • PRD/ PID 0 Land Alteration 0 Comm Site Plan Review ❑ Other �`' , 1i 0 h i'tggl lid)'dev h ,h4reli iP1fit OTHER INFORMATION: -K J 1' aa4k) *Please note: Your application will NOT be accepted without a pe-application meeting during which this form will be completed by City staff. Applicant Signature: Date: 1 Z • z• RECEIVED DEC 1 4 2009 CITY OF ORONO CUP and Other Land Use Applications Last Updated: May 22,2009 7 3 44 a DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or an'of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used t determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. P(VM-r r First Middle Last Z.2.CQS C.DrnO Avt.rtiute. Address . ?cu.k.k. MW SS1o ? (QS\ 31�1 . (iv III City State Zip Phone I understand my rights as stated above. b‘e_crittLc..,.pz.- ND Signature RECEIVED DEC 1 4 2009 CITY OF ORONO CUP and Other Land Use Applications Last Updated: May 22,2009ArLy 10 # 34 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a)the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b)whether he may refuse or is legally required to supply the requested data; (c)any known consequence arising from his supplying or refusing to supply private or confidential data; and (d)the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or(b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. RECEIVED DEC 1 4 2009 CITY OF ORONO CUP and Other Land Use Applications ji Last Updated: May 22,2009 I 11 3 4 4 2 RECEWED # 3 2 DEC 1 4 2009 LAND USE APPLICATION ESCROW AGREEMENT Application # I 0 - 3442- CITY OF ORCNcJ AGREEMENT made this 1:541 day of C.r`►'g..f, 20 CI , by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and -4\r‘e. A\\ SG1-‘b 01 [a corporation- optional] ("Owner"). Recitals 1. Owner has filed Zoning Application # 10 - 34 1 - formally requesting the City to review plans for p, Co nc1',1Ci1::.,rla ' USA Pe.v car.',, . located at 21ga Nark. �hDc-c_ 'p,(.,sj-e-, C,r ,,NC' N/1 NJ the"Subject Property") as more fully shown and described on Exhibit"A" attached hereto. 2. Owner !requests the City to review said plans which requires City approval including ConcI, r-;a rt.r► V 1, 1.5.-c FPrM , � . 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owner shall deposit $ `� pc. with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owner, reviewing the plans, and preparing agenda packet material for City Council review of application #10 - 44-2.- . Eligible expenses shall be consistent with expenses the Owner would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make payment to the City within the timeframe outlined in #3 above, t e City may draw from the escrow account without further approval of the Owner to reimburse the City for eligibl expenses the City has incurred. The City shall notify the Owner of such draw and the nature of the expense f r which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owner when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: Cl/T/Y OF�3.ONO OWNER: By: L , _ By: Its: 1 C( ( C-%1.-t (�. Its: j7•,.-e. - - Internal Use Only: O Original to Finance Department 0 Copy,to Zoning File '. Copy to Street File CITY OF ORONO PERMIT NO.: 2009-00895 2750 KELLEY PARKWAY ORONO,MN 55356- DATE ISSUED: 12/15/2009 (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 2180 NORTH SHORE DR PIN : 10-117-23-31-0098 LEGAL DESC : MARKVILLE : LOT 000 BLOCK 003 PERMIT TYPE : ESCROW FEE-APPLICANT PROPERTY TYPE : INSTITUTIONAL-SCHOOL CONSTRUCTION TYPE : ESCROW FEE-APPLICANT NOTE: THIS ESCROW PAYMENT IS CONNECTED TO ZONING ITEM 10-3442 APPLICANT ESCROW FEE-APPLICANT 700.00 HILL SCHOOL OF MINNESOTA,INC. TOTAL 700.00 2180 NORTH SHORE DR WAYZATA,MN 55391 OWNER HILL SCHOOL OF MINNESOTA,INC. 2180 NORTH SHORE DR WAYZATA,MN 55391 AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications,applicable City approvals,and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein.This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance,or if construction is RECEIVED suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are 1 requested in conformance with the State Building Code.This permit may be DEC 4 2009 E revoked at any time for due cause. 3 4 4 CITY OF ORONO Applicant Permitee Signature Date Issued By Signature Date SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. (01: 41C0 z : CITY of ORONO Aq vs, �1 i ( ' , Municipal Offices s� , I is A'r� e Street Address: Mailing Address: 9�jgQg' 2750 Kelley Parkw.y P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 Statement from Orono Mayor Jim White. Wednesday,March 17, 2010 I learned today The Emily Program's Director Dr. Dirk ' -r is withdrawing his application to purchase the historic Hill School to open a 10-bed residen..1 eating disorders program. Notwithstanding some of the comments in the media, the . 'y Program itself was never the issue for our City Council. Orono's approach from the beginning wa. to try to accommodate both the Emily Program and protect the neighborhood. The neighborhoods concerns were primarily the intensification of use at the site and what happens with the .uilding after the Emily Program leaves. In that effort,we reviewed the application with an eye toward .ompliance with our zoning ordinance. Now that Dr. Miller has decided to move on we will too. e wish him and his program all the best. ### Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us