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HomeMy WebLinkAbout02-22-2010 Council Packet Agenda for Council Meeting Set for Monday, February 22, 2010, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Consent Agenda 1. Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet - located in the lobby near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of February 8, 2010 Planning Commission Comments – Denise Leskinen, Representative Public Comments – (Limit 5 Minutes Per Person) Hennepin County Commissioner Jeff Johnson Planning Department Report * 3. #09-3436 Lori and Richard Gherardi, 2700 Ethel Avenue – Variance – Resolution 4. #10-3442 The Emily Program, 2180 North Shore Drive – Conditional Use Permit and Garage Construction – Resolution * 5. #10-3443 Lecy Homes on behalf of Timothy and Juliann Hadden, 2655 Shadywood Road – Variances – Resolution * 6. #10-3447 Wayzata Country Club, 200 Wayzata Boulevard West – Conditional Use Permit – Resolution Mayor/Council Report City Engineer’s Report City Administrator's Report 7. Golf Cart Lease 8. Sale of Lyman Avenue Property – Accept Purchase Agreement 8a. CommonBond Request for Letters of Support City Attorney's Report 9. Licenses & Permits * 10. Bills Agenda for Council Meeting Set for Monday, February 22, 2010, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us Upcoming Issues and Events 2010 02/22 – Council Meeting, Monday, 7:00 p.m. 02/23 – Council Work Session, Tuesday, 6:30 p.m. 03/03 – Planning Commission Work Session, Wednesday, 5:30 p.m. 03/08 – Council Meeting, Monday, 7:00 p.m. 03/09 – Council Work Session, Tuesday, 6:30 p.m. 03/15 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Jim Murphy) 03/22 – Council Meeting, Monday, 7:00 p.m. 03/23 – Council Work Session, Tuesday, 6:30 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 20 ROLL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members James Murphy, Lili McMillan, and Cynthia Bremer. Representing Staff were Finance Director Ron Olson, City Clerk Lin Vee, City Attorney Soren Mattick, Zoning and Planning Coordinator Melanie Curtis, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Council Member Franchot arrived at 7:08 p.m. Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 11-13 were added to the Consent Agenda. Bremer moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. *2. REGULAR COUNCIL MEETING OF JANUARY 25, 2010 Bremer moved, McMillan seconded, to approve the minutes of the January 25, 2010 Orono City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS – LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Loren Schoenzeit, 4480 Forest Lake Landing, stated he would like to address the City Council regarding some issues with Mediacom’s internet service. Since approximately the middle of December, there have been frequent chronic outages and that he has been unable to physically speak with someone at Mediacom. Schoenzeit stated the Cable Commission also has not returned his phone calls and that the support staff at that organization are more interested in their analog system than in the issues with Mediacom. Schoenzeit requested the City Council contact Mediacom and the Cable Commission to respond to these complaints. Murphy asked if Mr. Schoenzeit also has cable TV. Schoenzeit indicated he has only been experiencing a problem with the internet. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 1 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 20 (PUBLIC COMMENTS, Continued) White commented he has experienced problems receiving calls on his cell phone in a timely fashion and that he sometimes receives messages three to four days later. White stated he was able to speak with someone at Mediacom and that they are attempting to produce some things in house that were previously outsourced, which has accounted for some of the issues. Ron Olson noted he did receive a letter today stating that the Cable Commission will be holding an emergency meeting to discuss the issues with Mediacom. PLANNING DEPARTMENT REPORT *3. #09-3425 JAMES JOHNSON, 650 BIG ISLAND – AFTER-THE-FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 5912 Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5912, a Resolution Granting Variances to Municipal Zoning Code Section 78-1288, and a Conditional Use Permit per Municipal Zoning Code Section 78-1286 and 78-1250 Subdivision. VOTE: Ayes 4, Nays 0. 4. #10-3440 ROBERT AND MARY SANSEVERE, 745 ORCHARD PARK ROAD – VARIANCE – RESOLUTION NO. 5913 Bob and Mary Sansevere, Applicants, were present. Curtis stated the applicants are requesting a variance in order to construct an additional oversized (3,000 square foot) accessory structure on their property where one oversized accessory structure exists and only one oversized structure is permitted. The applicants would like to construct a 3,000 square foot riding arena on their property in order to allow for year-round training of their miniature horses. There also is a 1200 square foot barn on the property. The property contains two wetland areas, is bordered by Orchard Park Road on the east and County Road 6 on the north. The applicants have been searching for a solution that will allow for a year-round indoor training area on their property. Taking the existing 1200 square foot barn into account, they would be allowed to construct 4-5 smaller buildings, each up to 999 square feet, on their property. While this would not fully achieve their goal of a completely enclosed arena, the applicants considered a configuration whereby the buildings could be aligned in a circle 10 feet apart to allow for intermittent lengths of protected space or a tunnel for the horses to run through. The property consists of nine plus acres and is permitted a total of 6,000 square feet of accessory structure. The property contains two acres of Manage 2 classification wetlands. Manage 2 wetlands require a 25- foot buffer and a 20-foot structural setback from the buffer. It is not feasible to conduct an accurate wetland delineation during the winter months. However, John Smyth, the City’s wetland consultant, visited the site and placed flags along a conservative wetland boundary line. The applicants have shown their proposed building exceeding the required 45 foot setback from both wetland areas. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 2 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 20 (4. #10-3440 ROBERT AND MARY SANSEVERE, 745 ORCHARD PARK ROAD, Continued) The City can collect an escrow with a building permit issued in the winter months which will provide the guarantee and security needed to assure that the wetland ordinance is adhered to when the weather permits. This project may trigger the wetland buffer requirement. The Planning Commission voted 6-0 to recommend approval of the variance to construct an additional 3,000 square foot structure on the property with the following conditions: One, the exterior finish is to be consistent with the house and existing barn; two, following the construction of the 3,000 square foot structure the property would be limited to 4,200 total square feet of accessory structure as opposed to the maximum listed within the code of 6,000 square feet. Murphy asked how high the structure would be. Sansevere stated the structure would only be 12 feet tall. Murphy commented in his view the structure is located in a good location and would not be very visible from County Road 6 given its height. Sansevere indicated he is agreeable with the conditions recommended by the Planning Commission. Murphy commended the applicant for his efforts on preserving the wetland buffers. Bremer commented she also likes the orientation of the building. Sansevere stated that orientation allows the building to be kept lower and helps with the drainage. White stated in his opinion this is a well laid out plan and that he has no issues with the application. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5913, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1434(1), for the Property Located at 745 Orchard Park Road. VOTE: Ayes 5, Nays 0. 5. #10-3441 MADALYN J. EPPLE, TRUSTEE, 3625 EILEEN STREET – SUBDIVISION – RESOLUTION NO. 5914 Madalyn Epple, Trustee, was present. White asked how this should be done if the County is not in favor of the tax parcel division. Turner indicated the County does not want a tax parcel combination, but that the City is able to do a special lot combination agreement, which has been done in the past. City Attorney Mattick is in the process of drafting the agreement. White noted this should have been done in 1976, and that he does not have a problem with the application. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 3 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 20 (5. #10-3441 MADALYN J. EPPLE, TRUSTEE, 3625 EILEEN STREET, Continued) Mattick indicated he did speak with the attorney for the trust today and that an affidavit needs to be filed to update the trustee on the certificate of title. Once that is completed, the agreement can be signed. Murphy asked why the City would grant a waiver of the fee. Turner stated the applicants feel this should have been taken care of by the developer at the time the lot was created. Murphy asked whether Staff feels the fee should be waived. Turner stated in her view the applicant does have a good point but that Staff does have some time into this application and that the City Attorney also has spent some time on the application in drafting the agreement. Bremer asked how much time City Attorney Mattick has spent on this application. Mattick indicated his office has approximately two hours of time in on the application. Madalyn Epple stated this situation has been confusing and has required some time on their part to straighten out. White asked how much the fee would be on this application. Turner stated the typical application fee is $700 and that normally the City Attorney’s fees would also be passed on to the applicant. Murphy asked why Ms. Epple brought the application to the City. Epple indicated they would like to sell the property and need to have the situation cleared up. Bremer indicated she would be in favor of waiving the City’s portion of the fee but that the applicant should be responsible for the City Attorney’s costs. Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5914, a Resolution Approving the Division of Tax Parcel 05-117-23-24-0039, and Amending the Approval of Riedel Company Stubbs Bay Addition, with the City’s portion of the fee being waived and the City Attorney’s costs being paid by the applicant. VOTE: Ayes 5, Nays 6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE – CONDITIONAL USE PERMIT Dirk Miller, Applicant, was present. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 4 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 20 (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 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. 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 met 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 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 detrimental 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 to 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 program. Their main office is located in St. Anthony Park but they also have a hub office in St. Louis Park 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 structured living program. This license has been Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 5 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 20 (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) developed with the State of Minnesota over the past two years and is granted by the Department of Health. The typical resident will be female between the ages of 17 to 25. The Emily Program will have 24-hour nursing care at this facility, with physicians and psychologists being on call. Miller noted that one of the main concerns raised by the neighbors 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 type of population to be housed at this 10-bed facility would probably not be economically feasible. The program is primarily funded by private health insurance. Miller noted The Emily Program is probably one of the largest programs in the state of Minnesota that deals with eating disorders. White asked how The Emily Program would be financing the purchase of the structure. Miller indicated it would be through a conventional loan. White asked whether physical restraints would be used on the 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 hospital 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. There 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 patient. Miller stated it is generally between five and five and a half months. White asked whether the residents would be allowed to venture outside and walk around the neighborhood. Miller indicated the residents are allowed different outings, such as going to a restaurant or a movie, and that some of their residents also participate in some volunteer work. Staff is required to be aware of a resident’s whereabouts at all times. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 6 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 20 (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 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. 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 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. Franchot asked what type of treatment the resident would receive prior to coming to the facility. Miller stated that varies on the person and that once they reach their facility, they would offer four different levels of care: nonintensive outpatient, intensive outpatient, 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 people with eating disorders is approximately eight percent of the population. White asked whether food would be cooked onsite. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 7 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 20 (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH 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 area offers a number of amenities, such as the Minnetonka Art Center. Art therapy is incorporated into their program as is acupuncture. The St. Anthony Park facility is also located in a residential area. They would like to have a facility that is located in a safe neighborhood. The Emily Program will be 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 support such a worthwhile program. Michael LaQuey, P.O. Box 94, Crystal Bay, indicated he has resided in this neighborhood off and on over the years but is not currently residing in the area; although he has personal and business interests still in this neighborhood. LaQuey indicated he has a number of concerns 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 would fall under. LaQuey stated that the Emily Program also admits that they are going to have psychiatric treatment at the facility, which covers a wide variety of diagnoses, including schizophrenia and depression. LaQuey stated there are a number of ways patients could be 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 negative impact on the valuations of the surrounding properties. LaQuey requested the City Council consider his concerns prior to acting on this application. Murphy stated the Orono/Long Lake Fire Department is one of the finest trained volunteer fire departments in the state of Minnesota and that they are qualified to handle everything that the Minneapolis Fire Department is trained to handle. The building 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. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 8 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 20 (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 be some patients at the facility who are immobile. The fire department has not been trained to deal with 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. Murphy 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 comments to the surrounding properties. Murphy stated that was implied by Mr. LaQuey. White stated Mr. LaQuey has made his points and that he would like to hear from the other residents in the audience. White concurred with Council Member Murphy that the building is not a fire hazard and that it is sprinkled. White asked whether Mr. LaQuey has been 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 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. 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 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 accommodate visitors. Sheri Danielson, stated she is the parent of two girls and that 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. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 9 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 20 (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Danielson noted the French Creek neighborhood lies 300 feet 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 also 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 Dakota Trail and rest stop. The area to the southeast also includes a portion of the Dakota Trail and has an additional eight homes. There are approximately 88 homes within close proximity of the Hill School property and yet only 15 residents were notified, which leaves a significant number of residents that were not notified. Danielson stated in her view this is not a representative hearing given the lack of 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 property owners within 350 feet of a property that has submitted an application and that the list is provided 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 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 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 state of Minnesota house The Emily Program and those facilities are located within mixed use districts. Miller stated the Chaska location is in a townhome development 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 medical facility. Danielson concurred there will be less traffic with this use than The Hill School, but the people working for The Emily Program will be working around the clock. There will be lights, noise, traffic, and people who do not reside in the neighborhood driving in and out of the neighborhood at all hours of the day and night. Danielson asked what kind of safeguards there will be to guarantee 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 Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 10 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 20 (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 that they are not new concerns. In his opinion the neighborhood will not suffer because of The Emily Program 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 Emily 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. LaQuey relating to the Orono Fire Department and that the fire safety concerns raised by Mr. LaQuey are not 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 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 potential future uses this property could be used for 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 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. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 11 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 20 (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) Typically a conditional use permit does run with the land forever, 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 pointed out that currently people can be ordered to a residential home provided it is not a lock-down facility without the City’s permission or knowledge. Mattick indicated he is familiar with The Emily Program. The 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 challenged by the potential buyer of the property. Mattick indicated it conceivably could be, but that the record would reflect an agreement to voluntarily withdraw the conditional use permit by the applicant. Staff has discussed the fact that CUPs are intended to be there forever provided the conditions are met and that one alternative would be to approve an interim use permit, which would 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. Bremer pointed out The Hill School has been on the market for a number of months and that there are not a lot of buyers currently. A vacant building is not good for the neighborhood since it will deteriorate and create a fire hazard. Bremer asked what inspections have been done to ensure that the building is up to code. 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 few years ago in connection with their expansion and that the fire inspector has signed off on the use 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 the Emily Program for the past four years. The facility in St. Paul is similar to this building and they are aware there will need to be some changes to the structure. The building has to provide certain fire ratings, which will require an upgrade to the floor structure to provide a one-hour fire rating and two sets of stairs 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 and ventilation systems in each room. The lower level is located approximately half below grade. A portion of it will remain storage. The fire Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 12 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 20 (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE, Continued) 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. 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. 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 building. 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. Murphy noted the City did take steps to ensure that the school was brought up to code when The Hill School occupied the building. LaQuey asked as it relates to the 350-foot notification given, 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 property owner 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 application 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 Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 13 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 20 (6. #10-3442 THE EMILY PROGRAM, 2180 NORTH 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 the neighborhood for sale. He grew up in the neighborhood and he has heard a number of complaints in the past few years that they cannot afford to live in their own neighborhood they grew up in. LaQuey suggested that one possible use for this property would be medium priced condominiums. Murphy pointed out this is not the City’s initiative and that if an application had come before the City requesting permission to turn this property into condominiums, they would follow the same process. LaQuey stated he had assumed in his prior comments that the 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 neighborhood. White stated he is familiar with this structure and that it is not a fire hazard. LaQuey indicated he used to go into the building when he was younger and that the windows are rotting. Murphy asked that as the neighbors present their concerns, that they discuss their real concerns that they would like the Council to deal with. Murphy stated the Council is following the appropriate procedures with this application and have notified the property owners required 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 what the program is about. Murphy asked if Mr. LaQuey 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. 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. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 14 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 20 (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. 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 use 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 code and that the request would need to come from the applicant. A conditional use permit can be terminated 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. 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 to 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 very positive comments 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 together to discuss their concerns. Bremer indicated she would like this application to be brought 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 sign to be posted on the property or building. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 15 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 20 7. #10-3443 LECY HOMES ON BEHALF OF TIMOTHY AND JULIANN HADDEN, 2655 SHADYWOOD ROAD – VARIANCES Andy Johnson with Lecy Brothers and Timothy and Juliann Hadden, Applicants, were present. Curtis stated the applicants are requesting the following variances in order to build a new residence and relocate the driveway on their property: 1. A lot width variance to allow redevelopment of a property with 58 feet in width at the OHWL where 140 feet is normally required; 2. 0-75 feet hardcover variance to allow 25 percent hardcover where 43.3 percent currently exists and 0 is normally allowed; 3. 0-75 foot structural setback variance to allow the proposed home at a 48-foot setback where a 48- foot setback currently exists and a 75-foot setback is normally required. The applicants have chosen to locate the new home further from Shadywood Road and access off of Pheasant Road. They are requesting variances to encroach into the 75-foot lake setback area with the home to maintain a view of the lake and to avoid importing excessive dirt to fill a dip in the grade in the conforming building location. There is an existing drainageway which cuts diagonally through the property from the northern intersection corner all the way to the lake. This drainageway should be maintained. The applicants are proposing to grant an easement to the City in order to protect the drainageway in perpetuity. The applicants have proposed a rain garden and buffer areas in an effort to offset the proposed hardcover. The applicants are requesting a hardcover variance for the 0-75 foot zone to allow 2305 square feet of hardcover. There is 3,982 square feet of hardcover within the 75 foot lake setback. Half of the proposed hardcover consists of the applicants proposed home. Additionally, rip-rap within the drainage swale accounts for 650 square feet of the proposed hardcover within the 0-75 foot zone. Because this drainageway benefits not only the subject property but also the neighborhood, there could be an argument made for removing the hardcover and the drainageway altogether from the hardcover calculations. In addition to the house, the applicants have proposed to construct a 17’ x 16’ upper deck with patio below. There is also a circular patio and flagstone path proposed within the 75-foot zone. The existing home is 33 feet from the OHWL and consists of 1970 square feet of structural hardcover where no structure is permitted. The location and orientation to the lakeshore, an existing drainageway through the property and the existing grade has determined the proposed home location for the applicants. The proposed home provides a lesser encroachment than the existing home and does not infringe on the views of the lake enjoyed from adjacent properties. The Planning Commission voted 5-1 to recommend approval of the variances consistent with the Staff recommendations to remove the circular patio and flagstone path and create additional native buffer areas along the shoreline. The dissenting commissioner felt the proposed home was located too close to the lake. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 16 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 20 (7. #10-3443 LECY HOMES ON BEHALF OF TIMOTHY AND JULIANN HADDEN, 2655 SHADYWOOD ROAD, Continued) Planning Staff recommends approval of the variances as proposed in conjunction with the City Engineer’s recommendations and the removal of the circular patio and flagstone path within the 0-75 foot zone. Andy Johnson stated they have been working on this project for approximately three years, with the original plan being to renovate the house. The biggest issue they looked at was relocating the driveway off of Shadywood and improving the drainage. Johnson indicated they have met with Staff and have incorporated a number of their suggestions into their plan. Johnson noted they have reduced the hardcover in the 0-75 foot zone, and with the rock removed, the hardcover is reduced down to approximately 18 percent. They currently have 710 square feet of deck and patio, which will be reduced down to 474 square feet. McMillan asked what the breakdown is between the deck and patio. Curtis indicated the patio is 186 square feet and the deck would be 232 square feet, with 60 square feet of flagstones. Johnson stated they would like to retain the circular patio and that they are considering using a permeable paver to help alleviate concerns with hardcover. Bremer stated the only question she had was regarding the patio and that she is agreeable with approving the application if the patio is eliminated. White indicated he also had the same concern with the application but that he appreciates the work that the applicants have done with their application. McMillan commented that she appreciates the improvements the applicants are proposing to the site and that there should be some type of hardcover landing at the bottom of the stairs. McMillan stated she considers that area a gathering point and that there should probably be some small amount of hardcover in that area. Murphy concurred that this would be a great improvement to the property, and that he would recommend the applicants consider utilizing real stones spaced four inches apart rather than pavers. Johnson indicated they would be agreeable to looking at that. McMillan stated she would like to see the patio reduced to 100 square feet but that the deck can be left as is. McMillan moved, Murphy seconded, Application #10-3443, Lecy Homes on behalf of Timothy and Juliann Hadden, 2655 Shadywood Road, to direct Staff to draft an approval resolution granting lot width variances, hardcover variance, and structural setback variance, subject to the patio being reduced to 100 square feet. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 17 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 20 8. #10-3444 CITY OF ORONO – SITE PLAN REVIEW PROCESS – ORDINANCE NO. 68, THIRD SERIES McMillan noted that Section 10 on Page 3 currently reads “All site reviews any I-Industrial,” and should read “All site reviews in any I-Industrial…” The bottom sentence on Page 3 should also read “without approval of a site plan…” In addition, Page 4, Section 2, refers to modify different site design or intensity of use. McMillan asked what a different site design would be as referenced in that paragraph. Curtis indicated that would be like a door being relocated or other cosmetic changes to a plan. McMillan asked would comprise an intensity of use. Curtis stated an example would be to add an additional dental chair in an existing dental office. McMillan asked if an application for site plan review would need to be done if a minor change is proposed. Curtis stated there would still be a site plan review and documents submitted, but that Staff would have the ability to approve those minor modifications. McMillan asked if the exterior and/or interior of an existing building were changed, whether that would require a site plan review. Curtis stated if the use were intensified such that additional parking would be required, it would need to come back before the City Council. Bremer moved, Murphy seconded, to adopt ORDINANCE NO. 68, Third Series, an Ordinance Amending Chapter 78 of the Orono City Code Concerning Site Plan Reviews, with the two modifications discussed, and to adopt SUMMARY OF ORDINANCE NO. , Third Series, An Ordinance Amending Chapter 78 of the Orono City Code Concerning Site Plan Reviews. VOTE: Ayes 5, Nays 0. CITY ENGINEER’S REPORT None 8:00 P.M. – HRA ANNUAL MEETING (The City Council proceedings were recessed from 9:25 p.m. to 9:28 p.m.) Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 18 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 20 MAYOR/COUNCIL REPORT None CITY ADMINISTRATOR’S REPORT 9. WESTONKA SCHOOLS UPDATE – KEVIN BORG, SUPERINTENDENT None 10. APPROVE SAFETY COMMITTEE AND SAFETY POLICY Murphy stated under Paragraph 6, rather than the language, “each supervisor shall be responsible for promoting,” he would like to see some more action oriented language inserted in there as it concerns what each supervisor is going to do. Murphy stated as it relates to the last paragraph, rather than the language, “all heads of departments and supervisors shall be responsible for the actions of the employees,” he would prefer the language read that the employees are responsible for their own actions. Bremer moved, McMillan seconded, to table the Safety Committee and Policy Statement for the City of Orono Safety Program. VOTE: Ayes 5, Nays 0. *11. REPLACE BOX – TRUCK #424 Bremer moved, McMillan seconded, to approve the purchase of a new box for truck #424 from Crysteel Manufacturing in the amount of $10,589.17 and to amend the Improvement and Equipment Outlay Fund Budget to reflect the expenditure. VOTE: Ayes 4, Nays 0. *12. SUPPORT CDBG FUNDING TO WESTERN COMMUNITIES ACTION NETWORK (WeCAN) Bremer moved, McMillan seconded, to approve sending a letter of support for the CDBG grant application being submitted by the Western Communities Action Network. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None *13. LICENSES & PERMITS TOBACCO LICENSE: 1. Navarre Liquors 6. O’Sullivans Holiday Richard Wood John O’Sullivan 3421 Shoreline Drive 3340 Shoreline Drive Item #02 - CC Agenda - 02/22/2010 Approval of Council Minutes 02/08/2010 [Page 19 of 20] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 20 (TOBACCO LICENSE, Continued) 2. Navarre Amstar 7. O’Sullivans Holiday LeRoy Koehnen John O’Sullivan 3360 Shoreline Drive 2420 Shoreline Drive 3. Snyder Drug Store #5025 8. Wayzata Country Club Nathan Supplee Lee Walters 2380 Shadywood Road 200 Wayzata Boulevard West 4. Spring Hill Golf Club 9. Allbrand Stores Jeffrey Kringen Jason Knacke 725 Sixth Avenue North 2160 Wayzata Boulevard West 5. Lakeview Golf of Orono, Inc. Grant Wenkstern 405 North Arm Drive RESIDENTIAL KENNEL LICENSES 10. Kathie Johnston 2335 Shadowood Drive Bremer moved, McMillan seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *14. BILLS Bremer moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Bremer moved, Murphy seconded, to adjourn the Orono City Council meeting at 9:32 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Linda S. Vee, City Clerk James M. 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CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #06 - CC Agenda - 02/22/2010 File #10-3447 [Total Pages 74] Item #07 - CC Agenda - 02/22/2010 Golf Cart Lease [Page 1 of 6] Item #07 - CC Agenda - 02/22/2010 Golf Cart Lease [Page 2 of 6] Item #07 - CC Agenda - 02/22/2010 Golf Cart Lease [Page 3 of 6] Item #07 - CC Agenda - 02/22/2010 Golf Cart Lease [Page 4 of 6] Item #07 - CC Agenda - 02/22/2010 Golf Cart Lease [Page 5 of 6] Item #07 - CC Agenda - 02/22/2010 Golf Cart Lease [Page 6 of 6] Item #08 - CC Agenda - 02/22/2010 Sale of Lyman Avenue Property - Accept Purchase Agreement [Page 1 of 2] Item #08 - CC Agenda - 02/22/2010 Sale of Lyman Avenue Property - Accept Purchase Agreement [Page 2 of 2] Item #8A - CC Agenda - 02/22/2010 Commond Bond Request for Letters of Support [Page 1 of 6] Item #8A - CC Agenda - 02/22/2010 Commond Bond Request for Letters of Support [Page 2 of 6] Item #8A - CC Agenda - 02/22/2010 Commond Bond Request for Letters of Support [Page 3 of 6] Item #8A - CC Agenda - 02/22/2010 Commond Bond Request for Letters of Support [Page 4 of 6] Item #8A - CC Agenda - 02/22/2010 Commond Bond Request for Letters of Support [Page 5 of 6] Item #8A - CC Agenda - 02/22/2010 Commond Bond Request for Letters of Support [Page 6 of 6] Item #09 - CC Agenda - 02/22/2010 Licenses & Permits [Page 1 of 1] Item #10 - CC Agenda - 02/22/2010 Bills [Page 1 of 7] Item #10 - CC Agenda - 02/22/2010 Bills [Page 2 of 7] Item #10 - CC Agenda - 02/22/2010 Bills [Page 3 of 7] Item #10 - CC Agenda - 02/22/2010 Bills [Page 4 of 7] Item #10 - CC Agenda - 02/22/2010 Bills [Page 5 of 7] Item #10 - CC Agenda - 02/22/2010 Bills [Page 6 of 7] Item #10 - CC Agenda - 02/22/2010 Bills [Page 7 of 7]